My ex and I have split up we are not married nor have been, I am planning on filing for custody and child support, if he file before me does he get the upper hand and what does the court take into consideration when dealing with these cases?
It does not matter who files first. The court considers the best interests of the child and it is presumed that it is best for the child if both parents see the child. Custody cases are complex. You should hire an attorney. It is very likely that if you go to court by yourself you will not like the result and it is harder to change once there is an order.
It does not matter who files first. The only thing that will happen is that the issue is now presented to the Court. The Court will take the best interests of the child into consideration and make a determination from there. You will be required to go to Family Court Services or a variation thereof and go through mediation with a mediator who will make a recommendation to the Court as to what the time-share should be between the children. Based on the timeshare, the will be Xspouse's or Dissomaster printouts showing what the guideline support should be for the children. You will have other issues to also deal with. Contact an attorney to get more in depth advise as to what your actions should be. Best of luck!
I agree with counsel in that it really does not matter who files first. To answer your other question, as it relates to child custody, the courts look to what is in the best interest of your children. In Ventura County, the status quo is very powerful so the court appointed mediators will want to know what the existing parenting plan has been for the most recent 3-6 months. Depending on the age of the children (ages 6 and over) they will also be interviewed as part of the process. As to child support: The court considers a number of factors, including the respective incomes of the parties and the percentage of time share.
It has no bearing on the case who files first. The court will consider the "status quo," as in what custody/visitation has been like for the last 6 months or so. The court will also consider the health, safety, and welfare of the children (i.e. the extent to which one parent or the other is more able to foster these ideals, or poses a risk to them).
Who files first has no bearing on the court's decision re custody. In determining custody, the court will consider a number of factors and make a ruling that it deems in the best interest of the child. Contact a family law attorney for a consult and advice on how to present your case.
