my wife of 3 years served me with divorce papers on 9/1 and she is requesting sole legal and physical custody of our 16 month child, with me granted visitation. what suggestions do you have as to the best response for this case. i would like joint legal/physical but i've heard various response options such as seeking sole custody and settling for joint or asking for joint from the beginning. my understanding is that in ca, both parties need to agree to joint for this to be granted otherwise the judge will not grant this and most likely the mother would retain sole custody. my wife had proposed to move-away to NY only 6 weeks ago so her being granted sole custody would definitely threaten my visitation with my son. also, what is a preliminary declaration of disclosure. this was not sent to me but is referred to in the notice and acknowledgment of receipt. the timer is running and i need help! thanks.
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hellllp!
- Thread starter richito
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meleahk1
Guest
If you want joint legal custody then you ask for it. If you don't want her be able to move out of state then you ask for that as well.
If she gets the custody she will have to prove to a judge why the move which is so far away from the father is better for the child.
Judges all the time tell cp that they cannot leave the state with the child/ren.
Good luck.
If she gets the custody she will have to prove to a judge why the move which is so far away from the father is better for the child.
Judges all the time tell cp that they cannot leave the state with the child/ren.
Good luck.
more questions
joint legal should be relatively easy to come by. .joint physical given the current precedent of approx 67/33 in her favor may be tougher (she has live-in sister helping care for child). isn't burden more on ncp nowadays since burgess and biallas cases of '96 and '98 respectively? thanks.
joint legal should be relatively easy to come by. .joint physical given the current precedent of approx 67/33 in her favor may be tougher (she has live-in sister helping care for child). isn't burden more on ncp nowadays since burgess and biallas cases of '96 and '98 respectively? thanks.
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meleahk1
Guest
yes but even in that you still have as much a chance, certainly every right to try. both parents always do, each case and each situation is always different and a judge will decide what is best for the child/ren involved.
most fathers now days have to prove the mother unfit to get sole custody or even joint/shared custody with the father having the residential custody and the mother paying child support.
just be sure and research your state laws well.
good luck.
most fathers now days have to prove the mother unfit to get sole custody or even joint/shared custody with the father having the residential custody and the mother paying child support.
just be sure and research your state laws well.
good luck.