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I'm wondering if I'm legally married to a woman in the state…

Customer Question
I'm wondering if I'm...

I'm wondering if I'm legally married to a woman in the state of California if I can save the father of the child who legally has 50/50 custody of our son from obtaining legal custody sole and physical by having my wife petition for some type of custody

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes I have but not about this situation

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing further yet

Submitted: 9 months ago.Category: Family Law
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Answered in 5 minutes by:
12/8/2017
Family Lawyer: Lucy, Esq., Lawyer replied 9 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,268
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Can you explain more about your situation? Why does someone not related to the child have custody? How long has it been since the judge entered the custody order?

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Customer reply replied 9 months ago
It's been about 6 months. I the mother have shared custody and the judge involved in the case doesn't like me based on my hearing impairment issues I believe this person I'd like to share custody with is my wife and the father of the child (who currently lives with his 80 year old girlfriend) is asking for full custody of my son because he feels that I am not taking care of my child properly.
Family Lawyer: Lucy, Esq., Lawyer replied 9 months ago

Thank you for clarifying. The site will automatically send you a phone call request. I cannot turn them off, but feel free to disregard.

It is possible to request a modification to custody based on a material change of circumstances. Marriage to someone new can constitute a material change, but judges typically won't hear a modification until it's been at least a year. You'll have to be able to show two things:

  1. Why living with you is in the best interests of the child.
  2. That the child will not be harmed if his or her relationship with the father is ended.

The second part of that is more challenging. There is a preference in the law for a child having a relationship with both parents. Typically, judges don't like to completely take a child away from one parent without a good reason. A history of abuse, a drug or alcohol problem, things of that nature. So it's unlikely that the judge would take away ALL custody and visitation with the father. But if you can show how the child would benefit from spending more than 50% of the time with you, it may be possible to get increased custody. You'll just have a better chance if you wait another six months or so before filing.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Family Lawyer: Lucy, Esq., Lawyer replied 9 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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