How can i get my main custody of my son, i just in the separation with my husband. Both of us have. no, i just in

Expert's Assistant chat
Customer: how can i get my main custody of my son
JA: Who currently has legal custody?
Customer: i just in the separation with my husband. Both of us have.
JA: Is there a child custody order in place?
Customer: no, i just in separation. My son stay with me 6 nights a week. i like to have main custody
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: My son will turn to 3 years old in Decemeber.He stays with me 6 nights per week. And since Lockdown started, he start with me full 6 days and 6 nights in a week as i am working from home.
Answered by Chris The Lawyer in 12 mins 8 months ago
imglogo
Chris The Lawyer
10+ years of experience
logo

41058 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Chris The Lawyer
logo
logo
41058 Satisfied customers
logo
10+ years of experience
imglogo
Chris The Lawyer
10+ years of experience
logo

41058 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

Customer
Hi Chris, I would like to ask if I can have main custody of my son
Customer
I am in separation. I have one kid, boy, will turn to 3 years old this December.
img

Chris The Lawyer, Expert

You should start by mediation to get a parenting agreement which sets out what you need. This can be arranged with a professional family mediator who is neutral and who will work with both of you to sort this out. You can find a mediator at FDR centre or Fairway ay Resolution

Customer
I have a plan to take my son go yo overseas in the near future.I want to have main custody of my son, then when I want to go overseas, my ex partner can t reject or stop us from going overseas
Customer
I would to know if it is possible by the law.
img

Chris The Lawyer, Expert

Even if you have full custody you need to get the father’s consent to take the child overseas

Customer
What is full custody include? Like day to day care or something else ?
Customer
how could I know if possible I can get full custody?
img

Chris The Lawyer, Expert

It just means you are the main carer for the child

Customer
In what kind of circumstances, I can have full custody ?
img

Chris The Lawyer, Expert

If you have looked after the child full time then that is what should be the position after separation

Customer
My son stay with 6 nights per week. I drop my son off to the daycare in the morning, and my expartner picks him up in the afternoon. They spend dinner time together. Then my son back to my place sleep over and in the morning I send him to day care again…
Customer
Since Lockdown started in August 2021, I work from home, and my son stay with my full day time and 6 nights per week.
Customer
Is that possible I can get full custody? And how can I get this approved by law.
Customer
Thank you.
img

Chris The Lawyer, Expert

We do not use the term full custody because often parents share the care of the child. You are doing most of the care so you are the principal caregiver. That really means the same as custody

Customer
Principal caregiver. Thank you Chris. Yes, if I would like to be principal caregiver but my ex partner disagree with that. What shall I do next ?
img

Chris The Lawyer, Expert

You have to start the family mediation because you need to do that before you go to the family court

Customer
If we can get thing sorted at family mediation, then there will be a legal document to proof who is the caregiver or not?
Customer
once the provincial caregiver is decided, is there any possible to be changed again?
img

Chris The Lawyer, Expert

The agreement reached at mediation can be registered at the family court and you can vary the agreement later on if that is necessary

Customer
Does that mean mediator will work out an agreement between two parents, there is always a shared care of the child, but always can decide a principal caregiver ? Please feel free to correct me if my understanding is not right.
img

Chris The Lawyer, Expert

Yes that is correct

Customer
Thank you very much Chris. I am based Auckland, please could you help me to get a start with mediator? Or where I can apply for a mediation
img

Chris The Lawyer, Expert

Customer
Thank you very much. I have no more question now. Hope you sleep tight.
img

Chris The Lawyer, Expert

Please feel free to ask further questions if you need anything else

Customer
I will. Thank you
Customer
Morning Chris, just wondering what the kind of rights or authority that the pricinpal caregiver has? Like the pricinpal can decided which school the child to go?… or something w?
img

Chris The Lawyer, Expert

There is a difference between being the principal caregiver and both parents rights a guardians of the child. The caregiver looks after the child on a day to day basis but decisions which are more important, such as school choice, medical issues and other important matters are guardianship issues

Customer
Thank you . Chris. What about the guardianship? Do both parents always have guardianship or it can be given just one part of the parents?
img

Chris The Lawyer, Expert

Guardianship is almost always with both

Customer
What kind of senario that guardianship can be with one side?
img

Chris The Lawyer, Expert

Where the other partner has committed a serious criminal offence against the children, or not seen them for many years.

Customer
Understood thank you so much
Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer