Tuesday, June 21, 2011

CAN I GET SOLE LEGAL CUSTODY IF WE STILL LIVE TOGETHER?

QUESTION: Can I get full custody of the kids if we live together? We are filing for divorce, but still intend on living together for several reasons. Can I get full custody of our 2 children (an 8 and 10 year old) under this arrangement? I don't think my husband should be allowed to make any parental decisions.

MY RESPONSE: You appear to be addressing legal custody: the right to make decisions regarding the education, health and welfare of your children.

You haven't addressed physical custody in your question.

If your husband stipulates to a Judgment granting you sole legal custody, you can get sole legal custody.

If he doesn't stipulate to you getting sole legal custody, you will need to address your request, your reasons, and the facts in support of your reasons to the Court in an appropriate proceeding.

You haven't provided your reasons why you don't think your husband shouldn't be allowed to make parental decisions.

You should consult, if not retain, an experienced Family Law Attorney to address the facts, and preferably to represent you in your divorce and child custody proceedings.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |

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