Roseville, CA asked in Child Custody, Child Support and Family Law for California

Q: I need to know what my rights are as a father who is going through a separation as to custody of my children.

There is a open separation in the courts. The mother believes that I am not allowed physical custody of my children. The reason for the separation has nothing to do with the children. It’s issues between me and her with trust on both sides. But I want to make sure that as the separation goes through I have atleast 50/50 custody of my kids.

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Generally speaking, both parents have equal rights to custody of their children. Courts favor parenting plans that give the children frequent and continuing contact with both parents. The exception would be a situation in which being with one (or both) parents poses a threat to the health, safety and/or welfare of the child. Your inquiry does not provide enough information to say one way or the other whether a 50/50 parenting plan would be appropriate in your particular case.

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