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Joseph, Family Law Attorney
Category: Family Law
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Experience:  I have over a decade of experience as a Family Law litigator
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In general, what are conditions in which court likely order

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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.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joseph replied 2 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed family law attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • I see your question has been sitting around for some time. Are you still seeking assistance?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Customer: replied 2 years ago.
Hello, yes, I would like to know the answer. My question is the 1st paragraph. The rest is just explanation of the background. I just wanted to know if a mother has advantage about child custody in divorce in California/USA, when there is no significant problems on either side.
Expert:  Joseph replied 2 years ago.

Quite some time ago, many judicial systems subscribed to something called the "tender years" doctrine. That doctrine held that children, especially young children, needed their mother. This was a theory that began many decades ago and was abolished around the 90's. As such, when the parents walk into court, they are presumed to be equal and it is up to each of them to demonstrate that they are the "better" parent.

 

With all that said, there are some judges that are very old-fashioned. If your case is assigned to such a judge, they may take the position that the mother is more accustomed to caring for the children while the father is more accustomed to earning a paycheck.

 

As to your situation specifically, I have no idea why the attorney is making statements about "100% child custody". Perhaps he is trying to make her overly confident, perhaps he is misleading her, perhaps your wife misunderstood. Regardless, I would suggest that such an outcome is very unlikely.

 

Please let me know if anything requires clarification.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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