In general, what are conditions in which court likely order 100% child custody
to a mother
, in case there are no significant problems (DV, financial, mental, etc.) on either sides? In California law (or US law), is it common that a mother get 100% child custody just because she is the mother? (In Japan, a parental authority belongs only to either a mother or a father (there is no joint custody
), and I heard that court most likely give a mother 100% child custody just because of being a mother.)
My wife said that her attorney told her that she would likely be able to get 100% child custody for our 7 year old son if she wants. She said to her attorney that she is fine with joint custody, and the petition requests joint custody.
The petition's request itself is fine for me, however, I have been wondering why her attorney thinks my wife would likely be able to get 100% custody if she wish, while there is no significant problem on my side (no DV, no financial/mental/physical problems, etc.) And I am very concerned that her attorney might be thinking about some dirty trick.
There are many false statements in the declaration in "facts in support" of the petition, and one of them is stating that I have been threatening
to take (kidnap) our son. The fact is that I have never do such threat, and my wife agreed with it. She said she has not told such a thing to her attorney. The attorney said to her that it is just "overstate" in order to speed up court process, by attracting attention of judges. I am really worried that if a petition were filed requesting 100% child custody to the mother together with such statement, and if the court believed it, the court would most likely award the mother 100% custody.
If the attorney was simply mentioning general tendency that a mother most likely can get 100% custody just because she is a mother, it is fine. (anyway the petition is requesting joint custody.) However, if 100% custody to mother is unusual when there is no obvious problems on the father, I am very concerned about this attorney.