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Will my ex get full custody

Fresno, CA |

Question Details : I requested a move way order but I M willing to make the 37 min commute so my kids can stay in school.. And now my ex wants full custody and I get them on the weekends he works 8pm to 7am Thursday's trough Monday and he will use a sitter for time for him to sleep and as well as while he works , will he get custody

Attorney Answers 2


  1. 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 law on move away cases is very complicated and changing. You should talk to a lawyer if you want to move away with your children or if you are worried that the other parent will move away with your children.
    Generally, a parent who has a permanent order for sole physical custody can move away with the children, unless the other parent can show that the move would harm the children. But it is not always clear whether a custody order is permanent or temporary, so what the law requires may be different in your case. Talk to a lawyer to make sure how the law applies to your specific circumstances.

    If the parents have joint physical custody of the children, the parent wanting to move with the children must show that the move is in the best interests of the children.
    If you are worried that the other parent may want to move away with your children, or if you think you may want to move away with the children, you should talk to a lawyer before you make a parenting plan to make sure your plan protects your rights as much as possible.

    Best of luck to you.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" 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 create an attorney/client relationship and does not create a right to continuing email exchanges.


  2. The answer to your question is that it is possible for the court to either award joint custody due to the amount of time you have with the child, but also possible to award sole custody depending on how the case is presented and what additional facts arise. I would recommend that you hire counsel to assist you in the matter so that your case is presented the best way possible in court.

    The answer is based upon the limited information provided and does not create an attorney-client privileged relationship.

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