My Question About Ex Parte Custody Court Appearance

Family Law Divorce
1

Hi guyz…

I’m looking for advice regarding my upcoming ex parte custody court appearance in California.

My wife (37F) and I (32M) have been living separately for two years. We have a two-year-old and another baby on the way. We’ve been married for 2.5 years, but after she repeatedly asked me to leave her parents’ house, I did so. Since then, it’s been challenging to convince her that I’m a capable parent.

For the past month, she hasn’t allowed me to take our child to my parents’ home for weekends, claiming it’s unsafe because of my brother’s drinking and my past drinking habits. I believe she’s trying to control my time with our child, which is why I’m filing for divorce.

I have a court hearing in two days, and I want to prepare. Should I write a letter, and what points should I focus on to show that I can provide a safe and loving environment for our child? Any tips on how to present my case effectively would be greatly appreciated :blush:

2

In California, custody usually defaults to 50/50. Your brother’s drinking doesn’t matter unless she can prove it is dangerous for your child.

3

Why are you two having more children if you can’t even afford your own place? Condoms are cheap.

4

Why are both of you living with your parents?

5

The child has a legal right to equal access to both parents. Go into court stating that you want your fair parenting time without attacking the other parent. In California, custody is usually split 50/50 unless there’s a good reason not to.

6

File a written response with any exhibits attached. The form is a FL-320.