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Diefer Law Group, P.C. | Abel Fernandez
No, there should not be an advantage to the person who first request custody. However, this is all strategy and there are a lot of other complex issues that must be considered that one make it better for one person to file over the other. If there are issues that need immediate attention, etc. You could have an advantage by filing first.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of Frances Headley | Frances Headley
No, being the petitioner does not give that party any advantage in the long run. There may be a slight advantage to the court hearing your side of the story first but that is normally short lived as the opposing party soon counters with their own response.
Answer Applies to: California
Replied: 2/15/2012
Peyton and Associates | Barbara Peyton
Absolutely not. California is a no fault divorce state and the only consideration in dealing with custody is the best interests of the children.
Answer Applies to: California
Replied: 2/15/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
No. The parenting relationship is defined by what is in the child's best interest.
Answer Applies to: California
Replied: 2/15/2012
Maclean Chung Law Firm | G. Thomas MacLean Jr.
No, that is not true. If anyone has the "upper hand" as far as custody goes, it's the parent with whom the children primarily live. However, custody is based on what's best for the children, not on procedural tricks.
Answer Applies to: California
Replied: 2/15/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No, or at least not necessarily. Custody determinations are based on factors relevant to the quality and quantity of parenting of the respective parties, as well as their relationships with the children and each other. However, there are a few minor benefits that the Petitioning party obtains by filing and serving first, including the ability to plan in advance and getting the first and last argument at trial.
Answer Applies to: California
Replied: 2/15/2012
Jones & Williams | Elizabeth Jones
No, it is not true. When we were under a "fault" process, there was a presumption that the person who filed was the injured party and assets might be divided unevenly. However, California is a "no fault" state and no such presumption exists any more.
Answer Applies to: California
Replied: 2/15/2012
Law Office of Jane E. Ginsburg | Jane Ginsburg
No, it is not true.
Answer Applies to: California
Replied: 2/15/2012
