How to Request Joint Physical Custody In California

Hello,
Here is my situation. All advice is very much appreciated.
I have a 4 yr old daughter with my ex-girlfriend. When my daughter was one year old, i got into a very light altercation with my ex-girlfriend (daughters mother). I called cops and i was arrested. Eventually charged with Domestic Violence. I currently have joint LEGAL custody of my daughter w/ visitation. My question is: Is there a certain time period I must wait before I file/request for joint PHYSICAL custody?? If so, how long is the wait period? And if there is no wait period, how do I go about getting joint PHYSICAL custody of my daugter??

Thanks.

-GoodDad1 from Los Angeles, Ca

Is your visitation supervised as a result of the DV? Were you convicted of the DV? How often do you see your child and how often are your visits overnights?

Short answer to your question is that you go back in on your existing case with an OSC to modify custody. Go into mediation and see what you can work out. If you can't work it out in mediation, then you let the judge decide.

Unfortunately, I plead no contest to the DV charge to avoid giong to County Jail and waiting it out, which was really stupid on my part. So yes, i was convicted. Apparently, if i put my hand on your shoulder and you dont want it there, it can be considered domestic violence.
But anyway, I do not have supervised visitation. I have my daughter every other weekend and every other Wednesday. Plus, my daughter's mother gives me extra time to accomodate her work/personal schedule. I rarely get extra time at my request. The mothers knows i am a good father and she doesnt deny that. I am very close with my daughter and vice versa.

I already have a OSC in place and a court date scheduled. I will present my request for joint physical custody and more visition with the mediator, but the mother will most certainly deny any extra time or joint physical custody for that matter. The mother is still really bitter of our seperation almost 3 years ago. And unfortunately the only way she can have any kind of control over me is by making it very difficult to see my daughter. It's her revenge tactic. It's a really sad situation because she is the type of person who doesnt realize that the only person she is hurting is our own daughter.

So, do you know if there is a waiting period before a parent with a DV charge can request for joint physical custody?

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Quoting CourtClerk

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Is your visitation supervised as a result of the DV? Were you convicted of the DV? How often do you see your child and how often are your visits overnights?

Short answer to your question is that you go back in on your existing case with an OSC to modify custody. Go into mediation and see what you can work out. If you can't work it out in mediation, then you let the judge decide.

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There is nothing on the books that specifies a time period that I am aware of. You will need to convince the judge that there is a significant change in circumstance - and the change in circumstance will be for the CHILD not for YOU. Which means that because you think you're a nicer person now does not qualify for a change in circumstance.

If your request is denied, perhaps you can ask for an increase in visitation.

Thank you!
My game plan is to aim high. I will request and state my reasons why I believe it is in the best interest of our child to have more contact with her father and ask for joint physical custody. If that doesnt work, then i will request that the court extend my visitation to 2 days per week. I can live with that.

Thank you for your info. I'm curious, are you male or female?

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Quoting CourtClerk

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There is nothing on the books that specifies a time period that I am aware of. You will need to convince the judge that there is a significant change in circumstance - and the change in circumstance will be for the CHILD not for YOU. Which means that because you think you're a nicer person now does not qualify for a change in circumstance.

If your request is denied, perhaps you can ask for an increase in visitation.

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Quoting GoodDad1

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Thank you!
My game plan is to aim high. I will request and state my reasons why I believe it is in the best interest of our child to have more contact with her father and ask for joint physical custody.

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Notice I didn't say that you need to state why you believe it is in the best interest of the child to have more contact with you, but I said, what the material change in circumstance is to change the current custody order. There is a difference.

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If that doesnt work, then i will request that the court extend my visitation to 2 days per week. I can live with that.

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Keep that as a contingency plan, however, if you are asking to extend your current visitation to 2 days per week, then what is your current visitation schedule and how long has it been in place (I believe I already asked you that and you have failed to answer)?

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Thank you for your info. I'm curious, are you male or female?

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Why is that relevant?

I am assuming that CC's gender effects her legally correct answer in your eyes? With a DV conviction joint cusotdy will play a role and its doubtful you can get joint however you lesser "acceptable" outcome could be placed.

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Quoting CourtClerk

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Notice I didn't say that you need to state why you believe it is in the best interest of the child to have more contact with you, but I said, what the material change in circumstance is to change the current custody order. There is a difference.

Keep that as a contingency plan, however, if you are asking to extend your current visitation to 2 days per week, then what is your current visitation schedule and how long has it been in place (I believe I already asked you that and you have failed to answer)?

Why is that relevant?

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My current visitation schedule is alternating weekends from Friday @ 7:00pm to Sunday @ 7:30pm and alternating Wednesday's from 430 to 730. My court agreement has been in place for 3 years without any modification.

Your gender is not relevent at all. I'm just curious to know if the person who wrote your quote is male or female.

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Quoting panther10758

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I am assuming that CC's gender effects her legally correct answer in your eyes? With a DV conviction joint cusotdy will play a role and its doubtful you can get joint however you lesser "acceptable" outcome could be placed.

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No, gender does effect the advice or opinion of CC. I'm just curious to know if CC's quote is from a male or female perspective.

Thanks for your tip on my "acceptable" outcome.

My perspective comes from not being a woman or a man, but from a person who works in a courtroom all day long seeing petty men and women BOTH fight over things that were of no consequence when they were banging the heck out of their now exes.

My perspective comes from not being a woman or a man, but from a person who works in a courtroom all day long seeing children being torn apart because their parents were irresponsible from the get go but don't want to admit it. They were irresponsible with their bodies, they were irresponsible in creating children, they were irresponsible in picking their mates and although they think they've done better, they continue to be irresponsible.

My perspective comes from not being a woman or a man, but from someone who sits in a courtroom all day listening to incessant whining and bickering from people who can't seem to remember that they are supposed to LOVE their children MORE than they hate their exes. It comes from someone who has to continue to remind these pseudo-adults that your new flavor of the month or bed warmer is just that; your new flavor of the month or bed warmer and nothing of any significance to your child or the court. Everyone is a fiance these days; people tend to elevate their own statuses to make themselves feel more important. You'll impress me more when you become a husband or a wife for longer than 10 years. A fiance isn't a fiance for years and years.

Someone who has to remind these pseudo-adults that more money doesn't make you a better parent. It makes you someone with more money. A bigger house doesn't make you a better parent, it makes you a person with a better house. If anything it makes you someone who is still lacking in character because you wouldn't allow your child to look down on the total stranger who is not as fortunate as you, but you have no problem throwing that same argument up in your exes face when it suits you. Which actually makes you the worse person (not speaking of you specifically OP, but the you's of the world in general).

The simple fact of the matter is my perspective comes from someone that realizes that most of these people were dysfunctional before they had their children, and will raise their children in that same dysfunction and if they spent half as much time picking their mates as they did shopping for a car or thinking about what they had for dinner, then half of these posts wouldn't be here.