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In California (Bay Area), is it possible to be named as primary physical custodian after first being delegated as secondary?

I share joint legal and joint physical custody with my ex. However, due to the baby's young age, my child spends the majority of time with her mother (for now). However, my child's mother (who is single) has numerous children by several men, drinks excessively, and fails to include me in decision making, despite the fact that we share joint legal custody. On top of all of that, the mother bad mouths me to her OTHER children, which will certainly have an impact on my child. I have a much more stable job and can provide far greater attention to my child because I have no other children. Over time, how can I arrange for primary physical custody to be given to me? I am concerned this will be difficult since I am a man.

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Attorney answers (1)

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How long ago was the order issued? Has there been a change of circumstances since the order was issued? If there has been no change, then, you may want to start by asking the court to increase your visitations to 50/50, and after a while ask for primary physical custody.

Paris Kalor, Esq.
SADDLEBACK LAW CENTER
(949) 460-6466

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