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Shared legal/physical custody and improper care of interest of the child

Fairfield, CA |

I have a temp 50/50 shared physical and legal with my ex for 2 year old. she does not support the child in anyway..she doesn't have a job,home,doesn't drive. She doesn't show empathy towards the child...even when the child is suffering from fever and infections she does not take him to doctor. she says i can't drive..she just delivers the child in painful condition.

how do i tell the court that 50/50 is not the best interest of the child when she can not do anything for the child except using him to collect child support. she is impossible to come to an agreement to send child to preschool or join him in any extracurricular activities...she does not plan anything for the kid. If I propose she surely opposes. I have evidences of all the refusals. How can I tell court she is absurd.

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Attorney answers 4


You should consult with a Family Law/Child Custody Attorney.

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You need to file a Request for Order with the Court


If she will come into court and say, "Yes, Judge Father is right, I don't care about the child, and have no empathy for the child, etc.." then you are home free. But you know she won't say that and will deny it. So STOP talking conclusions that judges cant work from, "not in best interest, no empathy, etc."' and write a SHORT declaration that puts for the EVIDENCE to support your conclusions not just your conclusions. An attorney can help you write this.

Thomas Neil is a Sacramento attorney, with 20 years experience, representing clients in court in Sacramento, the Bay Area, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

Thomas A Neil
3224 El Camino Avenue
Sacramento, CA 95821
(916) 446-4153


You obviously need a lawyer, as you can't rely on your own testimony, and a court mediator may not be helpful, especially if you are in a "confidential" county which prohibits the mediator from making recommendations. This is a matter which may require the Court to appoint Minor's Counsel.

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