What are my rights when my children's father wants partial custody? 7 Answers as of January 31, 2012

California law favors joint legal custody which involves both parents in decisions about schooling and medical care but physical custody is determined on a case to case basis based upon the facts of each particular case. His non involvement with the children will make it difficult for him to get the court to grant his request. You should consult a family law attorney or facilitator on how best to present the information to the court.

You need to file a motion with the court to get an order for custody and parenting. Most courts have a family law facilitator who will help you for free.

The children have a legal right to have a relationship with both of their parents. With that being said, the fathers prolonged absence would justify a cautious reintroduction of contact with the children.

With any custody case, the focus is not on what the parents want, but what is in the best interest of the children. For a parent who has been absent from the children's lives, it's great that they want to establish relationship, but it would be very hard for the father in this case to jump in at 50/50 joint custody when you have been the parent providing stability for so many years. A more likely scenario would be initial visitation for the father that would step up over time. The facts you mentioned seem to indicate that the Father has not acted with his kid's best interest at heart previously, so that would be relevant for your own position.

After being out of the childrens' lives for 5-6 years, it is extremely unlikely that the Court would grant him 50/50 custody.

Based on the facts that you have provided, it does not appear that he has rights to a 50/50. He can file a motion for custody and the court will have to determine what is best for the children. This might mean counseling first to integrate him into the life of the children. Then, maybe work in some monitored visitation and take him through a step up plan. The visits will also depend on the children and their ages. If the children want nothing to do with him and they are old enough he might have a hard time getting visits.

If you have concerns about his reappearance in your children's lives and would like to establish a regular and court ordered custodial arrangement, you should file an Order to Show Cause (OSC motion) in the county you and the children reside in. In your motion you can request that his visits with the children initially be supervised, so that both he and the children have an opportunity to get to know each other again in a stable and safe environment. You should be sure to include in the court documents all that you and the children have gone through during his absence, as well as his evasion to pay any child support. In your motion for a custody and visitation order, you should also request child support. Finally, be aware that it is the goal of the State of California to ensure that children have a positive and healthy relationship with both parents, where possible. So at some point, he could end up with 50/50 custody. However, if you file your motion itshould be a gradual event rather than abrupt, if that is in the best interest of the children.