Page 1 of 3 1 2 3 LastLast
Results 1 to 10 of 23
  1. #1

    Unhappy Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    My question involves a child custody case from the State of: California - Butte County

    I’m kind of really worried b/c the father is saying that he’s pursuing 50/50 physical and legal custody, (because he wants to lower child support payments), and he resides in the same county but two towns over (about 45 minutes away). He recently moved. I know I've asked this before, but I need more clarification, specifically what is done in the state of California. What are the chances that I will get sole physical and legal custody of my son? And that the father will be awarded visitation while our son is still young, and in the future, once our son is older they can have overnight weekend sleepovers? We were never married nor did we live together. Would a mediator recommend to the judge what I am requesting?

    Dad also just purchased a home, while I live in a two bedroom apartment.

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    Sleepovers are what kids do at their friends' houses, not at their parents home. You seem to acknowledge you've asked this question before. Not that I'm going to go back and read your posts, but provided you were given good information in the past, there have been no dramatic changes in CA law.

    If he's seeking joint legal/physical, unless there is a reason why he shouldn't have it, he'll get it. Is there already a custody order?

  3. #3

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    No there isn't an order. We are going for mediation in 7 weeks or so. But in the past I've been told that its "likely" that I'd get sole physical custody. The baby is 6 months and I'm moving out of the county once my job contract is over.

    - - - Updated - - -

    Oh and lastly, I meant "sleepovers" as in, Friday after school until Sunday afternoon (overnight) visitation. You're right, "sleepovers" are for friends.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    There is no reason for you to have sole physical custody if you and dad live a reasonable distance apart and he wishes to share custody.

  5. #5

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    These are my reasons.
    A. I'm moving out of the county once my job agreement is over, which is late next year. So I'd like to pre-establish sole custody so it doesn’t impede me from moving.
    B. I do feel that 45 minutes away is not close for an infant. Which is the current distance apart.
    C. He works from 230am to 3pm, Monday thru Friday. I work from 9AM to 4PM and our child is currently enrolled in a child care facility across the street from my job.
    D. He's wanted nothing to do with our child until the judge ordered him to pay a high amount on temporary child support. Now he wants 50/50 Joint Custody, in order to lower the amount he has to pay on child support.
    E. His intention is to have the girlfriend or pay a sitter watch our son while he's at work, when our child could simply be with me, rather than being left with a total stranger.
    F. Even now when I'm more than willing to bend over backwards so he can visit with the child, even though there's no child visitation order set, he still refuses to accept some basic facts: Our son is still breast feeding, and our son doesn't know him. He's a complete stranger, yet dad just wants me to handover the baby without us sitting down together so the baby can get acquainted with him.

    But I suppose my reasons don’t matter, it’s the law that matters. Thank you for your legal advice, it’s much appreciated!!!

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    You having sole custody doesn't custody doesn't mean he can't oppose the child moving. You already said that they child is in a child care facility... which means he's ALREADY with total strangers, so you want to be able to put him with total strangers, but you don't want dad to????

    Regardless, you're not breast feeding forever, your decision to breastfeed doesn't mean dad has less rights and nothing you've said is an argument for sole custody. In fact, it's an argument for the fact that you're a control freak that wants to make sure dad does everything you say the way you want it to happen. That makes it appear that you are going to hinder dad's ability to parent ABSENT you.

  7. #7
    Join Date
    Oct 2006
    Posts
    15,996

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    Quote Quoting Needlegaladvice77
    View Post
    My question involves a child custody case from the State of: California - Butte County

    I’m kind of really worried b/c the father is saying that he’s pursuing 50/50 physical and legal custody, (because he wants to lower child support payments), and he resides in the same county but two towns over (about 45 minutes away). He recently moved. I know I've asked this before, but I need more clarification, specifically what is done in the state of California. What are the chances that I will get sole physical and legal custody of my son? And that the father will be awarded visitation while our son is still young, and in the future, once our son is older they can have overnight weekend sleepovers? We were never married nor did we live together. Would a mediator recommend to the judge what I am requesting?

    Dad also just purchased a home, while I live in a two bedroom apartment.
    CA is fairly relocation friendly but dad can still challenge your move.

    Dad would be likely to get joint legal custody (joint decision making) and a parenting schedule that includes overnights far sooner than you would be happy with. However the odds of 50/50 are pretty slim. Plus, even if you didn't move at all, the current distance between your homes would make 50/50 fairly illogical in the long term.

  8. #8

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    The baby is at the child care facility from 9-4. I'm right across the street and see the baby several times a day for feedings and such. I'm not trying to control dad but since I'm not going to explain every thing, I understand why you feel this way.

    - - - Updated - - -

    Now that I have a better understanding of "legal custody" there's no arguement that joint legal custody is fair and sound. Around what age is it common for a child to have overnights in a situation like mine?
    Quote Quoting llworking
    View Post
    CA is fairly relocation friendly but dad can still challenge your move.

    Dad would be likely to get joint legal custody (joint decision making) and a parenting schedule that includes overnights far sooner than you would be happy with. However the odds of 50/50 are pretty slim. Plus, even if you didn't move at all, the current distance between your homes would make 50/50 fairly illogical in the long term.

  9. #9
    Join Date
    Oct 2006
    Posts
    15,996

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    Quote Quoting Needlegaladvice77
    View Post
    The baby is at the child care facility from 9-4. I'm right across the street and see the baby several times a day for feedings and such. I'm not trying to control dad but since I'm not going to explain every thing, I understand why you feel this way.

    - - - Updated - - -

    Now that I have a better understanding of "legal custody" there's no arguement that joint legal custody is fair and sound. Around what age is it common for a child to have overnights in a situation like mine?
    It depends on how active the father has been in the child's life. Parenting time usually goes in phases and generally overnights are going to start at least within six months of the phases starting, and often much sooner than that. Once in a while it could take longer, but that is pretty infrequent.

  10. #10

    Default Re: Sole Physical Custody and Sole Legal Custody vs. Joint Physical and Legal Custody

    Dad hasn't been active at all. Even when I've offered to take the baby to the park to introduce them for 5 or 10 mins, and then I'd either wait in my car or at the park bench as they stroll together alone for half in hour, he says "nope, not if you're around." My hands are tied, I don't know what else to suggest to appease dad without making the baby freakout also.right now dad is a total stranger to the baby and the baby doesn't respond very well to strangers. We'll just have to wait until mediation. Any suggestions in the mean time that might appease dad while not freaking out baby?

    1. Sponsored Links
       

Page 1 of 3 1 2 3 LastLast

Similar Threads

  1. Custody and Visitation Issues: Sole Physical vs. Joint Legal Custody
    By turtle97tj in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 12-30-2013, 08:27 PM
  2. Establishing an Order: How to Get Sole Legal and Physical Custody
    By whats right in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 05-19-2011, 09:34 AM
  3. Enforcing Custody Orders: What Does it Mean to Have Sole Physical and Legal Custody and Liberal Visitation
    By ferrell101 in forum Child Custody, Support and Visitation
    Replies: 13
    Last Post: 03-29-2011, 05:49 PM
  4. Sole legal and physical custody in Michigan
    By sardiver21@hotmail.com in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 10-08-2006, 05:17 PM
  5. Modification of Custody: Can You Modify Joint Custody to Sole Physical and Legal Custody
    By 1mommy in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 10-19-2005, 11:51 AM
 
 
Sponsored Links

Legal Help, Information and Resources