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My sons mother currently has 65% custody. IS there any way I can get 50% custody of our son?

San Diego, CA |

I file for custody in 2010 because she wanted to move out of the state. The attorney I hire didnt do her job (she is disbarred now) and lost the case. my son use to live with me before but i havent gone back because she lives 40 miles away and he is already enrolled in school. I am moving down the street to his school and hoping to get 50% custody. We havent been together since 07 and we both live with other people that we have children with. I have been with my fiance for 5 year and have a 2 year and she has been with her bf for 1.5 and they have a 5 month old. our son always ask why my fiance and I cant take him to school or why he cant stay long with us. What can I do to get more custody and what would be my chance it gets granted? Legal is joint and she has physical.

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Attorney answers 1


There are so many factors of which no facts are provided in post to apply that it is impossible to intelligently assess what your chances are in motioning the court for more time. I would suggest that you try your hardest to first try to get your ex to agree to more time. Let her know that you are contemplating filing a request for order increasing the time with him. Failing in that effort, then consider filing a motion to increase the time. The determining factor will be what is in the best interests of the child. California public policy is to promote frequent and continuing contact with both parents and if you have only minimal time, but now live closer to the child, yet your ex refuses to allow something less than frequent and continuing contact, you may be successful in obtaining an order increasing time. If your ex responds with wanting to maintain less than frequent and continuing contact, you would emphasize her failure to encourage and promote california’s public policy for frequent and continuing contact, which, itself, is a reason to increase the visitation time. Get yourself an experience attorney to assist you in this important matter. 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.

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