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P. Simmons
P. Simmons, Lawyer
Category: Family Law
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Experience:  16 yrs. of experience including family law.
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My son and I live with his father. Lived together for the past

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My son and I live with his father. Lived together for the past 5 years. My son is two. If we separate how can I ensure that I keep custody of my son? He said he will never allow me to take his son away. I know that he will put up a fight. He did sign affidavit of partenity when our son was born. So I know he has a right to custody just as much as I do. I worry because he owns the house and has a higher paying job than I do. Is it possible that they would still award sole custody to the mother even if the father can provide more? Will it count against him because he is already paying a lot of child support for his older child garnished out of his check? Would I be required to stay in the state of california even though all my family is on the east coast? Would I have to hire a lawyer that I can't afford, or is there free counsel that could assist in protecting my rights as a parent?
Submitted: 4 years ago.
Category: Family Law
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The court has one question in determining child custody and one question only....what is best for the child. That's it. Not how much money a parent makes, not the type of job or the size of the home, but what is best for the child.

Having said that, the court also will want to keep both parents in the kids life...since that is, in most cases, best for the child.

So if your goal is to leave the state, that can present problems...that makes it much more difficult for the court to choose sides.

In a case like this the best thing to do is work out a soloution...if you and dad can agree, the court will most likely support...but if you can not, you need a lawyer.

There is no real "free" legal in a case like this...if you can not agree, the court will want to hear evidence from each side...and to present that evidence you need a lawyer...one with experience in custody fights.




Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 27003
Experience: 16 yrs. of experience including family law.
P. Simmons and 4 other Family Law Specialists are ready to help you

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16 yrs. of experience including family law.