Q: Seeking advice on custody of 4 children amid divorce in California.
My wife wants a divorce, and I want custody of our four children, who are all five years old. We don't have any shared assets, and there are no existing custody arrangements. My wife also wants custody. We have attempted discussions, but nothing has been agreed upon. What should I do to pursue custody?
A: Requesting custody orders will be a part of your divorce proceedings. Someone files a Petition for Dissolution and the other party files a Response. Each person indicates in the Petition (and in the Response) what custodial arrangement they want. Then, concurrently with filing the Petition (or filing of the Response) and opening your divorce case, you can file a Request for Order (aka motion) to get the matter on calendar for a hearing on the issue of temporary custody orders while your divorce case is pending.
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A:
In California, child custody decisions focus primarily on the best interests of your children. Given that both you and your wife want custody of your four five-year-old children, you should prepare for either mediation or court proceedings where a judge will evaluate multiple factors including each parent's ability to provide stable care, emotional bonds with the children, and willingness to support the children's relationship with the other parent.
Documentation will be crucial to your case. Begin keeping detailed records of your involvement in your children's lives, including daily care, school involvement, medical appointments, and other parenting responsibilities. Consider consulting with a family law attorney experienced in California custody cases who can guide you through the specific legal requirements and help you develop a comprehensive parenting plan.
The California courts typically favor joint custody arrangements where possible, as they believe children benefit from maintaining meaningful relationships with both parents. You might consider proposing a reasonable custody arrangement that acknowledges your wife's parental role while advocating for your desired level of involvement, which could demonstrate your commitment to cooperative co-parenting to the court. Remember that custody arrangements can be modified later if circumstances change, so focus on creating a stable transition for your children during this challenging time.
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