I am filing for a dissolution of marriage in San Bernardino County. I was married five years, and we have two children. I have the kids currently in my care (I am the father) and we do not have any set visitation, and I am trying to get full custody in court. I have documented incidents which occurred that are proof of negligence, saved receipts of purchases, have enrolled them in daycare full time, pay for everything for them, and she doesn't pay for anything. I am just wondering if there is anything else I will need to get full custody of my kids. I am not able to afford a lawyer to represent me. I know usually the courts rule in the woman's favor, but I feel that it is definitely in their best interest to be with me. Also need to know about possible move out of state for a new job.
Not every case can or will result in sole custody for one parent. All you can do is the best you can and hope the court agrees. You should at least consult with an attorney to see if it is possible to have them represent you.
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Family Law Attorney
The courts decide custody and visitation based upon the best interests of the children, not the sex of the parent. Often times the father is not involved in the up bringing of children because he is off working while the mother is home taking care of the children. Naturally, the best interests of children of young ages subjected to divorcing parents is not to hand them over to the father who then puts them in a day care full time where some unknown people supervise them amongst a crowd of other kids. Not to mention the emotional and mental anguish. What is going on with the mom. You fail to state anything about what the mom is doing and why the mom does not have them with her. You also fail to mention the age of the children and what type of relationship they have had with their mother. It is the totality of the circumstances and the court’s ultimate goal of doing what is in the child’s best interests which will govern the destination of custody and visitation . If it is with you, then you need to be prepared to tell the court why an order for custody with you is in their best interests when your intent is to put them in day care all day. If you have found this helpful and/or the best answer, please let the attorney know by checking the appropriate box below. It will be greatly appreciated. Thank you and best of luck to you.
Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.