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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Hello I have a child with a Swedish citz he is away now to

Customer Question

Hello I have a child with a Swedish citz he is away now to apply for a work visa.(Thank god)lol. I would like to seek full custody with reasonable visitation for him but he has other plans .... I'm expected to sign documents granting him 50% custody every other week and in return he will pay 1/3 of my bills and split nanny costs but I am NOT ok with those terms...I feel strogly that a child belongs with a mother and should not be on a plae with a nanny everyother week(ridiculous. My morgage is 3,000 and with a nanny being around 2,000 hi finacial offer basically washes out. State of CA says that he should be paying me 30% of his income I believe(I took time off from work and will return soon). He clams that if I do NOT agree to these terms he wll take me to court and recieve better terms then what he offers me now.... he also says he will have the BEST attorneys possible and will be able to hide his income (first statment I actually believe to be true) Please any advise would be great
Submitted: 7 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 years ago.

Good Evening,

 

Thank you for your question and choosing JustAnswer

 

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____________________________________________________________________________

 

ANSWER:

 

Let me forwarn you that your state of residence, California, is a very progressive state and advocates the idea that both parents have an equal right to custody; being a mother myself, I do not agree with this idea, but I do not live in California. However, the truth of the matter is that more an more states are deciding custody cases along this idea.

 

I do not think you should sign anything. If worse comes to worse, file a Complaint/Petition for Custody and ask for primary physical custody. State that the father will have liberal visitation rights but with his travelling, the child will not have the benefit of being with the father as he would suggest. Also state that you are prepared to care for your child 100% of the time and do not think it's a good idea for the child to be with a nanny - that defeats Mr. _____ entire argument for seeking custody.

 

Judges in all 50 States apply the same standard and the same test in awarding custody: They decide what they believe will be "in th best interests and permanent welfare of the child." So use that phrase a few times in your Complaint for Custody.

 

If it gets before a Judge because you have not been able to agree, have your lawyer question him on his work schedule, travel schedule, etc. If it comes down to having the child be with a nanny versus his mother, of course the Judge will pick the mother.

 

Good Luck!

_________________________________________________________________________

 

 

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_______________________________________________________________________________________

 

Thank you for allowing me to assist you,

 

ANDREA, JD, LL.M., Taxation

Member, NY & PA Bar

 

DISCLAIMER: The facts stated herein are information only and are not intended, nor should be construed as legal advice or legal opinion and No Attorney-Client relationship is formed by asking questions and receiving information; laws vary from state to state and to protect your interests, you should seek local counsel

Expert:  Andrea, Esq. replied 7 years ago.

Is there anything else I can help you with?

 

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ANDREA, JD, LLM

Member, NY & PA Bar