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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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I would like to file legal/physical custody due to my son's

Customer Question

I would like to file for sole legal/physical custody due to my son's father having a history of not taking him/bringing him back early when he's mad or making other plans during his scheduled time (no orders) & saying several times he would just give up custody completely & have nothing to do with him. Since mentioning court he has started getting him for all of his time & asking for more, and complaining that the schedule isn't fair & he should have more time (though refused to give input in making it and said each time asked if he wanted to change anything) that it was good. I don't want to ask for sole legal/physical custody if it will make me look bad as I know he will not agree to it in mediation and we will end up in front of a judge. Will his past history be enough to show I am only asking in the best interest of our son?
JA: Custody issues can be tough for everyone involved. But don't worry -- you're in good hands. The attorneys can certainly help with this, and I'd love to connect you with the one who's the best match. Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: I also want to know if you need a reason or how in depth it needs to be for listing someone in question 13 on form FL-341D in california, to not allow a specific person to have contact with the child.
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
I should have also mentioned that since birth I have allowed his father to see him anytime he wanted and would continue to do so using "reasonable visitation". He currently is scheduled for 14% of the month, in April we attempted to reconcile and he spent all of his time at my house & did not take his son alone at all, since resuming in May he got him 4%, and then 11% in June, and is on track for his 14% now, since he wants him for all of his time & extra now that I've mentioned court
Customer: replied 4 months ago.
Sorry for adding more, this is more complete, what I posted in the forum:What is the name of your state (only U.S. law)? CABackground- I have a 7 month old son, during the first 3.5 months I was off work and allowed the father to see him anytime he wanted at his request. Right before I went back to work the father asked me to make a schedule. Our current schedule gives him approximately 14% of the month (4 hr day, 5 hr day, 1 15 hr overnight a week, though his schedule changed recently and he has not come up with a makeup day ask I requested him to), when he asked for a schedule I asked for input which he refused and when asked if he would like to change anything several times he did not & said it was good. The month of April we attempted to reconcile and the father was only coming to my house to see his son and I, did not take him for any time by himself, and we have been back on the schedule since the beginning of May. The month of May he only took him 4% (either from not showing up/returning our son early because he was mad at me or made other plans, and never requested make up time), June 11%, and now that I have told him that I will be filing, so far in July he has gotten him for all of his scheduled time and asked for extra time & made comments that the schedule is not fair, going so far as to say he is not going to pay me the agreed support until I give him more time. I am assuming that this is to build a history and not have to pay as much support when we get to court. Also during all this he said he was going to completely give up custody and not have anything to do with his son several times.1) Due to the father's history of not getting our child & making statements of giving him up, I would like to file for sole legal & physical custody with reasonable visitation since up until recently he only saw his son when it was convent for him anyway. I do not want to be seen as trying to take his son away or wanting control, I have always and will always let him see him whenever he wants. I'm also concerned that now he is starting to get his son regularly (has only been a couple weeks, but will potentially be much more by the time it gets to court as I'm waiting until and out of state trip in 2 weeks to see my family before I file) that will prevent me from doing so, though I know he is only doing it because of my mention of court. I know when it comes to court and support he will absolutely not agree to what I want to ask for, and we will inevitably end up in front of a judge. Will it look bad on me for asking for sole physical/legal custody, or will his past be good enough to show I am being reasonable and only thinking of our son? I don't want to ask for it if it will hurt me, but I truly believe due to his father's unpredictability & temper it is in the best interest of our child.2) On form FL-341D question 13 The children will have no contact with (specify name)-- to use this option does a reason need to be provided? My son's father has been in an on/off again relationship since our son's birth, and the female has shown to be untrustworthy and negative towards me, and lately my son's father has been having her around our son against my wishes because he wants to spend more time with her (not concerned about quality time with our son though). I do not feel that her being around my son provides a healthy environment for him, and I want to request that she not be allowed around him. Will I be seen as petty for asking for this or have to have a lot of evidence to support it? Honestly all personal feelings aside she is not a good influence, and their relationship is not healthy for our son to be around.
Expert:  Phillips Esq. replied 4 months ago.

Will it look bad on me for asking for sole physical/legal custody,

Response 1: No, it will not. His sudden interest to be active in your son's life just after your mention of going to Court is a bit suspicious.

or will his past be good enough to show I am being reasonable and only thinking of our son?

Response 2: Yes.

I don't want to ask for it if it will hurt me, but I truly believe due to his father's unpredictability & temper it is in the best interest of our child.

Response 3: You are doing the right thing. You need to get a formal Order from the Court and let him abide by the Order and not show up when it suits him.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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