Wednesday, December 21, 2011

WHAT ARE MY RIGHTS IF MY EX-GIRLFRIEND WANTS TO TAKE CUSTODY OF OUR CHILDREN?

QUESTION: I was with my girlfriend for 9 years. She has never worked. I always worked and still do. She left me for our roommate who has never had a job either. They have no place to go and she wants to take our kids. What rights do I have in keeping them? They live with me now and she wants to take them to her mom’s to live.

MY RESPONSE: Retain an experienced Family Law Attorney to file and pursue a Paternity (Uniform Parentage Act) case and an Order to Show Cause on your behalf, to seek custody rights to your children. Don't delay doing so. You and your ex-girlfriend have essentially equal rights to the children. Don’t play tug of war with the children; take your controversy to the Courts for a fair resolution. The Court will determine the issue of child custody based on their best interests, which will likely involve many factors, including but not limited to the parenting roles that each party has played. The fact that your ex-girlfriend left you for your ex-roommate is irrelevant to the issue of child custody. Whether your ex-girlfriend has a place for the children is relevant to the issue of child custody, but if she lives with her mother, an issue could be whether or not her mother’s home has appropriate space for the children. Whether or not your ex-girlfriend has ever worked is not relevant to the child custody issue, but will be considered by the Court for the child support issue. Child Support is based on the parties’ respective incomes and percentages of custodial timeshare.


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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