I am getting divorced. My wife wants me to give herself sole custody and give myself(father) visitation

Asked almost 2 years ago - Chula Vista, CA

What would I be giving up by doing this? Also, could she just decide to take away my visitation(she is giving me every Friday to Sunday) if she wants to or am I guaranteed to ALWAYS get him when it is my time no matter what?is there a reason she wants custody to her and visitation to me?

Attorney answers (2)

  1. Michael Charles Schwerin

    Contributor Level 17


    Lawyer agrees

    Answered . Why would you give up the right to joint legal unless you intentionally want to give your wife all of the decision making rights regarding your child. If you have no problem with that, then give her sole legal custody. What you really should do is have a face to face consultation with a family law attorney to find out what this means before signing or doing anything. You need to educate yourself on what you could be giving up.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Richard Eric Anthony Dwyer


    Contributor Level 14

    Answered . Don't do it. If you want equal say over your children, retain as much legal and physical custody that you can. California law presumes that children are better off with frequent and continuing contact with both parents.

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