What are my rights in a child custody dispute? 8 Answers as of May 05, 2011

Me and my wife are married. We are going to get divorce and she won’t let me take the baby. I told her that she can have her one week and I will keep her one week too so is a 50/50. She doesn’t want to do that. We live at her parents’ house and I don’t like the environment. I want to take it with me to my mom’s house. If I leave what are my rights?

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Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
You may file a hearing with the court for custody and visitation. The court will make rulings based on the best interests of the child. If you have a young baby, the court will not likely grant 50/50 custody at this time, but you may be able to seek a step up visitation plan. The goal is to have frequent and continuing contact with both parents.
Answer Applies to: California
Replied: 5/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to hire a family attorney to protect your rights. As father you have just as much right to the child as she does. Do something about it now.
Answer Applies to: California
Replied: 5/4/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
The court will help you establish an order that is in your daughter's best interests, not necessarily what either of you want individually. If you are in my area and are looking for an attorney, please contact me for a free consultation.
Answer Applies to: California
Replied: 5/3/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
It is not possible to properly or comprehensively answer this question in one or two paragraphs. Custody/visitation matters depend on a many facts and circumstances. With that said, and in short, you do have certain rights as a parent, but those rights, as well as the rights of the other parent to have frequent and continuing contact, depend on the particular facts of your case, which are not stated in your question. It would be best to contact a local family law attorney and discuss all nuances of the situation to devise a proper plan of action. Good luck!
Answer Applies to: California
Replied: 5/3/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your "rights" are not pre-determined. You will need to apply to the Court in a Divorcecase for your parental rights if you and your wife can't agree as to your custodial rights. You would best be represented by an experienced Family Law Attorney.
Answer Applies to: California
Replied: 5/3/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Your rights to custodial time with your child will be determined by "the best interest of the child" as proven in a trial. There are many factors to be considered. If there are no current orders, there are no custodial "rules." However, if you take the child in an improper way, that can backfire on you and cause you to lose custody. This should be done while represented by competent legal counsel, so a plan may be developed to protect your interests, and solidify as much as is possible, your right to primary physical custody at the end of the case.
    Answer Applies to: California
    Replied: 5/3/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You have every right to the baby that she has. You can just take the baby to your mother's. That might be the smoothest, most drama-free way to proceed, but if you do not do so, you will not only not get to see your child, but the baby's mother will use that against you in Court to say that you were not seeing the child and so you should not have 50/50 custody!
    Answer Applies to: California
    Replied: 5/3/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If the two of you cannot agree, you will have to file and request a court order. If you know you are going to file for divorce, then you would do that first, and then request the custody order to be issued. If you have any further questions, please give me a call.
    Answer Applies to: California
    Replied: 5/3/2011
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