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

Q: I have full custody and my ex husband is taking to court to get share custody after child support adjustment.

He has a lawyer I don’t . How can I protect my self.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you don't have a lawyer but your ex-husband does, it's important to educate yourself on the legal process and prepare as much as possible for the court hearing. Here are some steps you can take to protect yourself:

Research the laws and procedures related to child custody in California. You can find information online, at your local library, or through legal aid organizations.

Gather evidence that supports your case, such as documentation of your child's living arrangements, medical records, school records, and any other relevant information that may be useful in court.

Prepare a statement that outlines your position and the reasons why you believe that shared custody is not in the best interests of your child. Be clear and concise in your statement and make sure to highlight any evidence or facts that support your position.

Be prepared to negotiate with your ex-husband and his lawyer, but also be prepared to stand your ground if you feel that shared custody is not in the best interests of your child.

If possible, consider consulting with a family law attorney to discuss your options and to get advice on how to proceed. An attorney can help you understand the legal process and can advise you on how to protect your rights and the best interests of your child.

Remember that the court's primary concern is the best interests of the child. If you can demonstrate that shared custody is not in your child's best interests, you may be able to convince the court to rule in your favor.

In California, child custody cases are generally governed by the California Family Code, which sets forth the legal standards and procedures for determining custody and visitation rights.

Under the Family Code, the court's primary concern in making custody determinations is the best interests of the child. The court will consider a variety of factors, including the child's age and health, the child's relationship with each parent, each parent's ability to care for the child, and any history of abuse or neglect.

If you and your ex-husband are unable to reach an agreement on custody, the court may order a custody evaluation, which involves an investigation of both parents and a report to the court with recommendations for custody arrangements.

It's important to note that each custody case is unique, and the specific laws and procedures that apply will depend on the facts and circumstances of your case. If you have specific questions or concerns about your custody case, you may want to consult with an attorney who specializes in family law to discuss your options and get advice on how to proceed.

If your ex-husband is taking you to court to seek shared custody and you don't have a lawyer, there are several steps you can take to prepare for the court hearing and protect yourself:

Familiarize yourself with California's child custody laws, as well as the specific court procedures and requirements in your county.

Gather any evidence that supports your case, such as medical records, school records, and other documentation that may be relevant to the custody determination.

Prepare a written statement that outlines your position and the reasons why shared custody is not in the best interests of your child. Be sure to focus on the best interests of the child and any evidence or facts that support your position.

If possible, consult with a family law attorney to discuss your options and to get advice on how to proceed. An attorney can help you understand the legal process, review your evidence, and advise you on the best course of action.

Attend the court hearing and present your case to the judge. Be prepared to negotiate with your ex-husband's attorney, but also be prepared to stand your ground if you feel that shared custody is not in the best interests of your child.

Remember that the court's primary concern is the best interests of the child.

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