How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18831
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Family Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My name is***** am currently married to a girl

Customer Question

Hello my name is***** am currently married to a girl that is a active duty navy BM. We are about to begin a divorce. We are now located in San Diego CA. I would like to know what are all my rights as a married father and what steps I need to take to get full custody of my son.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Hello my name is***** am currently married to a girl that is a active duty navy BM. We are about to begin a divorce. We are now located in San Diego CA. I would like to know what are all my rights as a married father and what steps I need to take to get full custody of my son.
Optional Information:
Country relating to Question: United States
State (if USA): California
What have you tried so far?: Nothing so far today the both of us call the cops. They came and basically put me in a position where I had to let her leave withim my son. At this point I feel as if she will try to keep my son away from me. I am not a violet guy I never hit her nor my son. I work hard and I jus graduated with my second degree and all I want at this point to full custody of my son.

Response: Until the Court issues a Custody Order in the case, both of you have equal custody of the child. Both of you are responsible for making decisions regarding the child. If you want full custody—physical and legal custody, then you need to state so in your divorce petition and give the reason for wanting full custody--sole custody of your child. Generally, the Court would give one parent physical custody and both parents joint legal custody. Legal custody means that both parents would be responsible for making decisions concerning the child--schools, medical, etc. Physical custody means the parent that child would live with most of the time. If a Court awards sole/full custody, it means only one parent is the one who would make the decisions regarding the child's upbringing and that parent would also be the parent that the child would primarily with. The other parent may get generous visitation rights and overnight visits, or limited and /or supervised visitation.
In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with one parent and not the other, the Court would award physical custody to that parent and may award joint legal custody to both parents, or give the other parent just visitation rights and not legal custody. Physical custody means the parent that the child would live with. Joint legal custody means that both parents would have a say on the child's upbringing--the parents would make joint decisions regarding the child's upbringing. So, it is very important in any custody proceeding that you tell the Court any and all reasons why you should be given sole /full custody; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
Click on the link below for more information:
http://www.courts.ca.gov/selfhelp-custody.htm