I haven’t been living with my son for a while, will this hurt my chance of gaining custody?

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1. Licensed in CA

   

   Rebekah MainPro

   Rancho Cucamonga Divorce / Separation Lawyer

   Contributor Level 17

   

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   Answered June 29, 2012 15:47. The law says that judges must give custody according to what is in the best interest of the child. Judges look at the children’s health, safety and well being to decide whether to give custody to one or both parents. Courts also consider any history of abuse by one or both of the parents.
   
   Courts do not automatically give custody to the mother or the father, no matter what the age or sex of your children. Courts cannot deny a parent’s right to custody or visitation just because they were never married to the other parent, or because they or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation.
   
   To decide what is best for a child, the court will consider:
   
   the age of the child,
   the health of the child,
   the emotional ties between the parents and the child,
   the ability of the parents to care for the child,
   history of family violence and/or substance abuse, and
   the child’s ties to school, home, and his or her community.
   
   The “status quo” is pretty persuasive when trying to determine what is in the best interest of a child. Also key is your child’s age and desires. This is a very fact specific question and a consult with an experienced family lawyer is in order.
   
   Best of luck to you.
   
   Attorney Rebekah Ryan Main
   
   If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.
   
   This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.

   This response is intended to be a general statement of law, should not be relied upon as legal advice, does not... moreThis response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges. less

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2. 

   Mary BrownPro

   Brooklyn Family Law Attorney

   Contributor Level 20

   

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   Answered June 29, 2012 14:48. All other things being equal, no, that alone will not determine custody. On the other hand, whether you have good legal counsel or not can make a huge difference in the outcome of a custody dispute. As such, I strongly recommend you consult with a local attorney to review all your rights, options and obligations before you take any further action. Sometimes a telephone consult can provide you with sufficient information to plan for the future. You can find attorneys by searching among the profiles here on Avvo. Good luck!

   Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... moreMs. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state. less

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3. Licensed in CA

   

   Edna Straus

   San Juan Capistrano Family Law Attorney

   Contributor Level 15

   Answered June 30, 2012 16:39. Why would you want "full custody" ? Do yo mean primary physical custody? Or are you referring to visitant/time share? or-- God forbid--are you looking to minimize support?
   
   In any case moving out is pretty much irrelevant.--and not uncommon . It is not "abandonment-not in California.

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