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Category: Family Law
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Experience:  30 years as a family law lawyer .
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I am seperating from my 3 year old daughters mother and I

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I am seperating from my 3 year old daughter's mother and I need help making sure that I prepare myself for the time our child custody battle gets here. What should I be doing to protect myself? I want nothing less than 50/50 custody, so what do I do to prepare myself on a daily basis and I own our home. What do I do process wise to have a smooth transition for the mother of my daughter to leave the home, because it is a a very stressful environment that I don't want my daughter to be subjected too.
Thanks for your question. You would be able to file for divorce here and have the court award you possession of your house. Avoid domestic violence issues at all cost. Consider filing for divorce here and get protective orders issued quickly.

The sooner you split here the less likely of such an issue. Just be aware that one of the oldest tricks is to call the cops and claim abuse so that you are then excluded from your own house. Just try to keep involved in your daughter's life here day to day. Consider looking into day care if the child has not been to one.

Also spend your time her finding a lawyer herre. Check out a couple and see which one you feel a rapport and comfortable with. My rule is if they don't make you feel comfortable and easy to work with then try a second one here.

Do this before you actually file. Consider a strike here where you file, serve her and then have the lawyer setting up temporary orders hearing as soon as possible.

Also you need to separate your life including accounts and credit cards, bills, and taxes. Prepare for your life as a single person here and all of this will transition more smoothly. Make a plan and work on it just like anything else. I wish you good luck here and sympathy for the situation.


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Customer: replied 8 years ago.

I didn't include the fact that we are not married and have been living together on and off for 3 years

Then you are looking at paternity suit instead of divorce. This may actually be less complicated. You can tell her to leave. If she doesn't you may have to treat her a month to month tenant and give 30 days written notice and then evict if you have to here. The court will adjudicate you the father and assign you custody and visitation..
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