A dear friend of mine is scared to leave a bad marriage because he does not wish to be out on the streets and not able to see his son. I do not live in CA, but have been told it is a 50/50 state and although because the baby is breatfeeding would probably at first allow most custody to his wife, that eventually he will get 50% custody. He is a great father, just not a great partner with his wife. I have also been told it is a no fault state which makes things even easier. Anyone who knows firsthand, or has a good link (not so some lawyer's site) please respond. I am trying to do some footwork for him. Thanks!
2007-05-29 12:15:59 · 5 answers · asked by sweetsouth 3 in Family & Relationships ➔ Marriage & Divorce
I deleted the first question because of no answers and some poor spelling on my part...please elaborate :-)
2007-05-29 12:32:46 · update #1
I am NOT helping destroy a family...they have been at each other's throats forever-even with counseling. He has given up every bit of who he is to reconcile things and it is never enough for her.
2007-05-29 12:33:59 · update #2
Don't encourage him to ditch his baby by researching divorce laws. Encourage him to get marriage counseling so he can give his baby a shot at having a 2-parent home. Children don't need to visit their parents 50-50, children need to live with their parents 100%. I think you need to give him this website address, then butt out. You're helping to destroy a family.
http://www.therapistfinder.com/
2007-05-29 12:23:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
True, California is a community property State, which means that all assets are split 50/50.
Unfortunately, a child is not an asset!
If he is a good father then the state will probably award him 50/50 legal custody.
But there are two kinds of custody to decide in the state of CA, legal custody and physical custody.
Physical custody is what they base the amount of child support that will be paid on.
You can have 50/50 legal and 75/25 physical, which means that the kids are with one parent 75% of the time and with the other one 25% of the time.
They usually base physical at 75/25 or 70/30 when the child/children go with one parent every other weekend and 1 day of the week every week.
You said that your friend is a great father, just not a great partner to his wife.
Sorry dude, that is not possible!
Part of being a great father is being an example to his son on how a man takes care of his wife.
If you are a true friend, you will lay this out to him in no uncertain terms and tell him that he will regret the decision to leave if he has not done everything in his power to keep the family together!
Recommend counseling, both joint and separate.
Good luck!
2007-05-29 19:56:06 · answer #2 · answered by runninfool 3 · 0⤊ 0⤋
California is a community property state which just means everything wil be split equally. Mom will probably be awarded custody with child support but dad will be awarded Cals. state mandated visitation rights in exchange. She will also gain the house because of the kid. Majority states are no fault which only means the courts dont really care for the reason why,that theyll grant the divorce regardless. Dad will become the non resident custodialparent which means he will have a sayso in how the baby is raised but will not truly have custody/possession of the baby, only visits.Mom will be the primary residential custodial parent and the baby will stay with her. Hope this helps
2007-05-29 19:44:30 · answer #3 · answered by Arthur W 7 · 0⤊ 0⤋
Unfortunately the female has the upper hand but he should try to prove she's an unfit parent and gather his evidence..
2007-05-29 19:19:02 · answer #4 · answered by Anonymous · 0⤊ 1⤋
I answered this the last time you posted it -
2007-05-29 19:21:26 · answer #5 · answered by allrightythen 7 · 0⤊ 0⤋