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How do I ensure I get mon-fri custody of my 4yr? I have been primary care taker and have her 5 nights a week now - tues to sun

Asked over 2 years ago - San Diego, CA

I want to have custody of my 4 yr old from mon-fri so i can take her to school and pick her up and put her to sleep to give her some balance and stability with a routine.
Her father has asked for 100 percent custody and to give me visitations. or min 50-50. we saw a mediator and she is now recommending 50-50 to the courts even though i have been taking care of her in every way since birth.

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Attorney answers (2)

Richard Forrest Gould-Saltman

Reputation Level 18

Answered over 2 years ago. Child Custody Lawyer in Los Angeles, CA.

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It's unlikely that anyone's s going to get "100% custody"; if Dad has Sunday PM to Tuesday PM, Dad, right now has about 30%and you have about 70%.

What a court will do with this depends on a bunch of different facts, and you can't ensure any particular result. What's Dad's work schedule? What's your work schedule? Where do you live? Where does Dad live? What's the school schedule? Where's the school? If the child's out of school when both parents are at work, what's the proposal for after-school care from each parent?

A judge is much less interested in the label ("100% custody" "50/50") than she'll be in the day-to-day ability of the parents to figure out a way to have a day-to-day schedule which works.

If everyone and everything is only a mile or so apart, the logistics of making the timeshare work will be very different than if Mom and Dad live thirty miles apart, and work forty miles apart, on exactly the same work schedules, with no arrangements for after-school care.

Courts don't like setting themselves up for 'repeat business", so if it looks like EITHER parent is going to make the it difficult for the child to spend time with the other parent, the parent who's "making life hard" may lose some time.

. Your proposal sounds like you think that Dad should take EVERY weekend; once your child's in school for a full school day, is this what you really want?

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Dianna Gould-Saltman

Reputation Level 14

Answered over 2 years ago.

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Any judicial officer will have to base the parenting plan on your child's needs. While whatever you've done in the past is some evidence to be considered, the court needs to find a way to provide frequent and continuing contact for your child with both parents. That generally means each parent receiving some "fun time" (like weekends) and some serious time (like school nights) so that both parents can truly "parent" the child.

If you have evidence showing that it would benefit your child NOT to have your ex do the things with her that you also want to do, you'll need to provide the judge competent, admissible evidence of that.

Gould-Saltman Law Offices, LLP

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