How can I object to a request that my soon-to-be divorced husband has made on behalf of our 3 year old son?

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How can I object to a request that my soon-to-be divorced husband has made on behalf of our 3 year old son?

My husband and I are currently going through a divorce and he had stated in the divorce papers that he wants full legal custody of our 3 year old son. I want to know what I can do to prevent this from happening, as I would like to have joint legal custody.

Asked on August 24, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The first step is to make sure you file an answer.  If you don't respond, then a default could be entered against you and you'll be stuck with the result.  Second step is to find a family law attorney that you feel comfortable with. They can help you file motions requesting custody and make sure that your information gets to court about why you should be awarded joint custody.  Third-- make a plan.  Courts like it when parents are proactive in making plans on how they are going to raise their children as a single parent.  Things could include researching educational programs in your area (Pre-K, tutoring, daycare, programs offered through local museum), scoping out recreational activities (being close to a park, museums, zoos...), and quality living quarters (child has own bed, safety latches in place, etc.).  The more details you demonstrate, the more you show the judge that you are serious about being an involved parent for your child.


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