my baby is 2yrs old, I have soul custody as today, the fether does not live in California but he whants 50% custody, is that possible???What are my rigths as a mother to keep full custody???how can I get help???
2007-10-25 16:41:13 · 13 answers · asked by I love life 1 in Family & Relationships ➔ Marriage & Divorce
Sole custody and joint custody are not neccessarlity tied up to visitation time. Your parenting plan determines the amount of time each parent spends with the child.
The terms sole and joint refer to decision making like for medical and education. Joint requires both parents to talk to eachother and deide on what's best for the child. If you aren't at that point, where you can talk to eachother w/o getting angry, then you are not doing you kid any favors.
Please keep in mind, your child (children) have rights too. They did not ask for a divorce and even with a dad you feel is unfit, they are part of him. Any remarks which degrade him, degrade them as well. Preventing them from seeing him infringes on their right to have two parents who love them.
Studies show over and over again kids need and want to know both parents. Be lucky that he does want some part of their lives, as too many dad's don't even care. Believe me, if he is a bad apple, they will figure it out.
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2007-10-25 17:42:38 · answer #1 · answered by atheleticman_fan 5 · 0⤊ 0⤋
Seek the advice of an attorney in your state. Why after 2 yrs is the father seeking half custody...is it due to child support. It will be very difficult for him to obtain half custody, especially if he is living in another state. My son-in-law is going thru some of this right now and it is very difficult to get joint, unless the mom wants it also. It always boils down to who has the child most of the time and there needs to be a custodial parent even when there is joint custody. Has he served you papers of any kind? If not, could he possibly be blowing hot air? Just be a great Mom and I would think that you have nothing to worry about. I believe the only way joint would work is if the parents are living in the same city...this is especially so when the child begins schooling. How could he share joint?
2007-10-25 16:52:56 · answer #2 · answered by Geez Louise 4 · 1⤊ 0⤋
First, I hope that your spelling errors are not indicative of the way that you speak. I am giving you the benefit of the doubt as I am sure that you are a little distraught.
The court who will make this decision where the child lives. It seems that happens to be in Cali. Now, the court will decide what is in the child's best interest. It is always in the best interest of the child to SEE both parents regularly.
Custody is a different issue altogether. Find a family law attorney and have yourself prepared.
2007-10-25 16:51:09 · answer #3 · answered by MHnurseC 6 · 0⤊ 0⤋
o, just go and get some proves that he is unfit father. u already have soul custody. why? so elaborate on that. u should get a lawer, they know how to fool around in court. i think your case can be eaisly win cos u already for some reason have soul custody
2007-10-25 17:08:33 · answer #4 · answered by yeahright 6 · 0⤊ 0⤋
They call it 'shared parenting' these days.
It is in the best interest of the child to have BOTH parents iin her life.
However the judge will look at it realistically, it would be hard for the child to go 'week' about between towns.Especially once the child has started school.
2007-10-25 17:24:51 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have soul custody, so first he'd have to take u to court, in CA. Then he'd have to prove why he wants joint custody..they have what u call family rights counslers through the court system in CA, I'd deffinatly get advise from them, but in my opinion, I don't think u really have to worry. Talk to them anyways, you'll feel better, it's free.
2007-10-25 16:51:11 · answer #6 · answered by luv4tatts 1 · 1⤊ 0⤋
That depends....Was his name on the birth certificate..if yes, he can get automatical 50% custody, if not, he will get visitation rights only.
Whatever he gets, he will have the right to have rights where he lives and you will be doing alot of flying.
2007-10-25 16:49:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
legal aid for free councel or for a low fee.
yes, he probably can get that unless you can prove otherwise.
in the court they recognize both mom and dad equal. so it is possible that he can get this. but the judge will do what is best for the kid. if your baby daddy lives elsewhere, they may suggest monthly visitations since child is not in school.
If you go to court in california and have a bad experience from the judge please e mail me.
2007-10-25 16:59:07 · answer #8 · answered by beachgirl90 7 · 0⤊ 0⤋
It really depends on the facts. Don't listen to anyone on this website... we won't know the answer. You need to get a GOOD attorney to make sure. This issue is too big for this forum.
Trust me... I'm an attorney and a single mother.
2007-10-25 16:52:32 · answer #9 · answered by Kim 3 · 0⤊ 0⤋
It's not possible if he doesn't live in the same state. Most states do not recognize 50/50 custody, even if you agree to it, it is still NOT recognized.
2007-10-25 16:53:54 · answer #10 · answered by CC 6 · 0⤊ 1⤋