Family Law Questions? Ask a Family Lawyer Online.
Do you or your husband have an attorney? How much do you make at your job? What about him? Do you own a home that you are currently living in?
Okay thanks. Is there any reason you see for why a judge would not grant him 50% custody?
Okay, these are good reasons that you need to make the judge aware of. But be prepared for him to give some percentage of custody to the father, even if it's not 50%. The judge will definitely be able to see through his antics--if he is even allowed to talk. These judges have seen so much that there is really little that can get by them. You can still move forward with the adoption without your husband, but it will be alone after you are divorced. The issue may be whether he will have any responsibility for her at that point. You really need to talk to your attorneys about trying to settle on something so he will sign that petition, as well as the ramifications if he doesn't. That would be my main concern at this point. It appears that temporary spousal support will probably be awarded in this case. You will then be expected to use your degree and become employed. I am sure your attorneys are very capable--I know this is scary stuff though! Sounds like the kids are really lucky to have you as their mom.
What I was wondering was would a judge grant him physical? I want my son to live with me. I am willing to give him the majority of holidays, drive him to him if need be. What is the California family law on these kid of situations?