Dating during custody battle
With joint custody requests, the focus is more on why it is in that best interest to share parenting time. But if the mother refuses to co-parent, disparages the father to the child or children, makes false allegations of abuse or neglect or is alienating the children? What we do at our family law firm is evaluate the facts with the law and, in collaboration with the father we represent, decide together whether it makes sense to ask for joint or full custody. The traditional American marriage still has a husband and father who works full-time and a wife and mother who either works less hours, earns less pay and/or does not work at all.
While this is less common today compared to decades ago, it still pervades the majority of divorce cases we see.
Depending on the children’s ages, frequent and regular contact (even in short bursts of time) may be a must to continue the bonding process and ensure the child does not become distant from the father.
This is where the which we reference and explain on this website, come in handy. Even if your case is not in Orange County, we believe these guidelines will help you understand the different types of common parenting plans available.
A custody order with frequent and regular contact does not just happen because you want it.
If, during your marriage, you have not spent very much time with your children and are not bonded with them, you face an uphill climb if you intend to suddenly, after separation, get 50/50 custody.
They either did not have the facts to prevail or they did a poor job in presenting their case.
The first part of Family Code 3040 reads: (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 30: (1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent.
What you read here is not a magical formula on getting custody. Instead, this article will focus on the much needed dose of common sense and California law. So that you do not allow yourself to get suckered in by those who oversell themselves as “fathers rights attorneys” as if they somehow have a special knowledge of the law or some secrets on how to get custody as a father. That best interest standard means the child or children become the court’s focus, not you and not the mother. If we are going to get anywhere, you need to do one thing first – if you really believe there is a bias against fathers in California family court, please get it out of your head.Quality time includes days that the father does not work such as weekends as well as evenings during the week.Vacation and holiday time is a critical part of a working father’s schedule.In addition, so long as you intend to follow through, you must ask the children’s mother for additional time through a cooperative and reasonable tone.
If the children’s mother refuses to agree to additional time, one of the worst things you can do is to do nothing.
And if the family law judge will focus on the children’s best interest, then you must too. Of course, I refer to our family courts here in Southern California, where we handle cases. And if there really was a bias, there is no way we would get the results we get for dads.