QUESTION
How much custody time can a great, hands on father, expect after a divorce?
Asked on Feb 08th, 2016 on Child Custody - California
More details to this question:
My brother has stayed married for fear of how little custody he could get if he gets divorced. He's a total hands-on dad that lives for his kids, splits all the chores, etc. His wife has made it clear if he divorces her, she will make it tough for him to see the kids (punishment for past issues in the marriage, not at all related to him as a father). If the divorce was "amicable" how much time (average) can dad's expect with their kids? If she does seek revenge: could she use that to limit his custody time? If so, how much time (average) could he expect with his kids? ANY help you can give me to help us navigate this is deeply appreciated.
1 ANSWER
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The courts are directed to do what is in the children's best interests. In practice, most California courts are biased in favor of a 50/50 parenting split. This may not be appropriate in certain cases, such as where there has been abuse, where the child is very young, or if one parent abuses drugs or alcohol. Many fathers fear that the courts will be biased in favor of mothers, but that is really not the case. The mother may want to punish the father by interfering with his parenting, but the court will not sanction that behavior. This isn't to say that she can't make it nasty if she wants, she certainly can, but keep in mind that going into court requesting an equal parenting schedule is generally in the judicial officer's comfort-zone. I can't speak to every judge - but this has been my experience.
Best of luck.
Answered on Feb 08th, 2016 at 2:29 PM