QUESTION
I am breaking up with my live in girlfriend and she wants full custody of our 5 year son. Currently she is on disability. She has to move out by Feb 1
Asked on Dec 03rd, 2015 on Family Law - California
More details to this question:
My girlfriend filed a TRO with false information that was later dismissed by the judge. As a result of both of us signing the DV form which stipulates we are both the mother and father I was able to get a court ordered move out order of Feb. 1. Currently she has been on disability since July 2015 for a hysterectomy surgery. The home we currently reside in I am the sole owner and the my sons school is 4 blocks away from my house. My son is active in several sports year round of which I am the asst coach for his basketball and baseball team. I am looking for joint custody with both parents having to make decisions regarding all aspects of our son's life. I would also like no child support for either parent and we would split all expenses for our son in half. I would like the visitation to be one week with each parent (alternating so 2 weeks each month) and alternating weekends. My sons mother has indicated she wants full custody with me only getting weekend visitation and child support.
1 ANSWER
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You haven't posed a question, but I will assume you are wanting to know whose proposal is more reaonsable under the circumstances. Regarding child custody, assuming the domestic violence issues are truly resolved, it is most likely that you will get an order for joint legal and joint physical custody. Regarding the parenting schedule, it isn't a black or white issue. The court will do what is in the child's best interests based on the facts that are before the court. Most judges, and most mediators retained by the courts, are biased in favor of a 50/50 parenting schedule (such as your proposed schedule).
Regarding child support, unless Mother waives her right to child support the Court will order you to pay guideline child support (I am presuming that you substantially out-earn her). The guideline is primarily based on the parenting timeshare and income (taking into account tax deductions and exemptions).
I hope this helps answer your questions.
Answered on Dec 04th, 2015 at 12:14 PM