I resigned from my job Feb 2020 and stayed home while my wife started a new lucrative job. I stayed home and took care of our two children for the rest of the year. During this time I paid rent until I run out of savings. I took out a loan to pay continue paying our rent. It was not until November that she agreed to pay half the rent.
Feb 2021 my wife moved three hours away with our two children after a fight. She left me jobless and in debt in an empty house. She moved to house two miles from her boyfriend's house. He is married with kids and used to be my friend. It kills me, but I am trying to focus on custody of our children.
I drove to her house almost every week to see our children. I then moved to a place close to her new house so I can be closer to our children. Before she moved with our children I was providing them most of the care.
Two weeks ago I started a new job (and better than my last) in my old company. I am rebuilding my credit and will move to a bigger rental as soon as I qualify.
As far as I know we do not have any pending legal cases in court.
I would like to get 50/50 joint custody. What are my chances of getting 50:50 custody. Not living with my children has been damaging my relationship with them. We live in California. We have lived a quiet life and never been in any legal trouble of any kind.
What do I need to do to improve my chances of getting joint custody?
[edit] My children are 3 and 9 years old.
[–]PestilentMexican 2 points3 points4 points (4 children) | Copy Link
Get a lawyer ASAP and file for divorce assuming you have been separated for the six month cooling down period the CA requires.
The good news is family law in CA is based on "best interest of the child" and it has been established that 50/50 is the goal in CA. 50/50 is only not a guarantee if there are substance or domestic violence allegations. The key word is allegations, which is why it is important to file first for divorce and get your story out to the court on your terms. If she throws allegations at you it is important to note that family court is a civil court, and the burden will be on you to prove your innocence which could take months or years depending (fucked up I know but that is the system, it is designed to protect the child but it gets abused frequently).
Get a lawyer, don't be afraid to ask around you need to protect your rights. From your story it appears you have been accommodating her mis-deeds. She will never reciprocate and the courts will not care that quite frankly she is being a C*%#, they only care about the children. You need to get your story in first.
I know lawyers are expensive, but what is even more expensive is hiring a lawyer to unfuck a bad situation. Your kids are worth it.
All that being said if you can stay out of court great!! But still get a lawyer to walk you through your rights, do not give something up expecting a favor in return. Stand your ground!
Good Luck
[+][deleted] (2 children) | Copy Link
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[–]PestilentMexican 0 points1 point2 points (0 children) | Copy Link
No problem if you have specific questions PM me. If you are in my area of CA perhaps I could give you more pointed advice.
[–]RoloThomazi62 0 points1 point2 points (0 children) | Copy Link
if you get her to agree to it and sign it you'll be fine. In court, it's a low probability because you have a y chromosome
[–]bear_sausage 1 point2 points3 points (0 children) | Copy Link
This is excellent information. Definitely get a lawyer and do whatever needs to be done in the best interest of yourself kids. Peace and love during these hard times.
[–]SwamiSweatSocks 2 points3 points4 points (3 children) | Copy Link
California ALWAYS favors the mom in my experience. She will get over 50% almost guaranteed. California 100% favors women in the courts, they are always victims, they always get favorable treatment. It's how the state and court system works, however judges/commissioners use "best practice" so there's no actual solid rules on most things. Note when your ex gets over (maybe just over 50% custody), she also gets the tax deduction on the kids and head of household as well. Have no faith in the California system. It will let you down every time, from my experience.
[–]dndungu[S] 1 point2 points3 points (2 children) | Copy Link
This is scary for me to read. She has never kept a job. All her last jobs ended in bad terms. It is scary to imagine her getting full custody of our children.
[–]i_have_small_wiener 1 point2 points3 points (0 children) | Copy Link
You need a lawyer right away. The fact that she moved 3 hours away with the kids is not going to look good for her.
[–]SwamiSweatSocks 0 points1 point2 points (0 children) | Copy Link
You’ll probably get partial custody. I ended up with two weeks days and every other weekend. My ex leaves them at home alone a lot. They’re old enough now but they could be playing with their cousins and having fun instead of sitting in their rooms.
Also, I’d expect you to need to pay spousal support. Try getting her income inputted.