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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33147
Experience:  Began practicing Family Law in 1992
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I have been married than 3 years. We have been living

Customer Question

I have been married for less than 3 years.
We have been living together for 8 years My wife has not been working for 5 years (and just recently got a job)
I want to file for divorce. (live in southern ca)
I want to stay in the house we are renting. (We are both on the lease)
I want to try and get full custody of our daughter.
I work from home and have the ability to provide proper care (School, room, etc)
What are the odds of me getting this?
Submitted: 10 months ago.
Category: Family Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Without more to go on, the chances are 50-50. It is still more difficult for a father to get custody than a mother. It's not supposed to be and occasionally the courts release documents that show a difference but if yo sit in the courtroom for a few days you will seen that the fathers get the children in no more than 20-40% of the cases. However, usually the father doesn't have the advantage of working at home and being able to spend more time with the child, which I think increases your chances.

The more negatives that there are against your spouse then the more your chances increase.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 10 months ago.
Hi Dwayne, You answered the last part but what about the first part. What are the odds of me being able to stay in the house we both rent?
Expert:  JD 1992 replied 10 months ago.

Sorry, the odds would apply to that as well, I should have made that clearer. The court will allow whichever of you that gets custody to keep the lease as well so that there is minimal disruption to the child.

Customer: replied 10 months ago.
Thank you
Expert:  JD 1992 replied 10 months ago.

You're very welcome and good luck with this! Be sure you stress with your lawyer that you have time to be with the child when school is over, etc. That usually makes a difference.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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