CA custody issues

[mistoffolees]

In principle, it shouldn't matter whether she can keep the house. As long as she has the resources for SOME living arrangement, then it's not up to her ex to ensure that she gets to stay in the current place. Of course, judges can do whatever they want.

The more important issue is that you're asking for a change in custody. What is the change in circumstances to justify that? I didn't see anything in your post to indicate that you have any rationale to present to the judge justifying a change. What is different from the time the original decree was signed?

Unless there's a signficant, unforeseen change in circumstances, it's unlikely that a judge will change the custody arrangement.

[olanna]

I didn't mention it because there has never been a custody arrangement in any decree, as this isn't final.  It just said let the parents have the kids as they see fit, basically.

so, with that info, there ins't a change...but there isnt anything to change, as no agreement ever existed anyway.

[mistoffolees]

In that case, you're going to have to show why the current arrangment isn't working and ask for clarification and specific custody instructions.

[olanna]

So Dad wanting equal parenting time simply isn't enough?  Why? If there is nothing in place, why would Dad need to justify anything??

[mistoffolees]

>So Dad wanting equal parenting time simply isn't enough?
>Why? If there is nothing in place, why would Dad need to
>justify anything??
>
>

Because the court is always going to favor the status quo. Even if the orders aren't final, the current situation is still the status quo. You need to provide a legitimate reason WITH EVIDENCE to justify a change. Simply wanting more time won't cut it.

For anyone reading this for whom it's not too late, do NOT allow your ex to get a stronger position right after the divorce. Whatever you want in the final agreement should be what you do from day one. If you accept inferior terms in the short term in the hopes that you can improve them later, it's not likely to happen.

[olanna]

Well, I am going to say that from what I have seen and experienced here in CA, that your philosophy may not be quite on the mark. Generally, parents here are required to provide a parenting plan, and they are assigned a mediator to help them effectively develop that plan.

If they aren't in agreement, the mediator will make a plan and about 99% of the time, the judge will enter that plan into the order.  The mediator I had said the best situation for any child is to live with bike riding distance from each parent and spend equal amounts of time with both.

Now I hope Dad gets that and I have seen it go quite well in court the last few times I was in court.  I will keep you posted.

[mistoffolees]

I can't argue with your situation, but I would not believe that it's standard.

First, not every mediator will favor equal parenting.

Then, not every judge will accept the mediator's view without question.

And, finally, if the status quo has been established for a long period of time, it's harder for the mediator to go with 50:50 than if the situation has been 50:50 from the start. Not impossible, but there is ALWAYS a bias toward the status quo and needs  to be some reason to change from it - even in CA.