Temporary orders for Child custody

Asked almost 2 years ago - Encinitas, CA

I am the father of a six year old boy and there are temporary orders granting me primary physical custody and joint legal custody with some visitation to the mother (one weekday + alternating weekends). I am not happy with the arrangement. What is the next step and what are my chances of winning sole legal custody and reducing the visitation for mother to no overnight visits on weekdays?

Attorney answers (2)

  1. Vincent Barney Garcia

    Pro

    Contributor Level 12

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    Lawyer agrees

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    Answered . You have excellent questions but virtually no facts to allow me to give you an appropriate response. However what I can say is that although the state legislature made it clear that there is no preference in the law when awarding legal custody, whether joint or sole, the fact remains that the overwhelming practical preference is joint legal.

    So to get sole legal custody you must have exceedingly great facts such as mother has no contact with the child, she abuses child, abandoned the child, interferes with your ability to properly raise the child which is to the detriment of the child, and so many other factors. Child custody matters are quite dynamic and fluid so many factors will be considered before the court will grant such an order granting you sole legal custodyl

    To place a parent on no overnight visitation you must have facts that based on the preponderance of the evidence the court believes it is in the best interest of the child. So I cannot in a vacuum come close to addressing this issue without more facts. So, call for a free initial consultation--up to 30 minutes free at (909) 481-5350.

    This answer is not intended to give you any legal advice as the information provided by you is insufficient to... more
  2. Michael Charles Schwerin

    Contributor Level 17

    1

    Lawyer agrees

    Answered . What basis for your request other than you are not happy with it? That is not a reason to change the currrent order. To change a custody and visitation agreement, it is required that there be a change of circumstances. Some significant reason for the court to make a change. Your not being happy with it is not a reason. Perhaps you should schedule a face to face consultation with an attorney to discuss your situation and educate yourself on what you will need to prove in order to change it.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees,... more

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