Legal Question in Family Law in California

I am a single employed mother. The father of my child is unemployed. He is capable of working. We have never been to court. He watches her during the day while I am at work. The arrangement right now is, Monday mornings at 6:30am he picks her up. I pick her up at 7pm on Tuesdays. He then picks her on at 6:30 on Wednesday mornings and I then pick her up Friday nights at 7pm and have her till Monday morning. It is the same every week. He finished medic school but was unable to start his field work due to sorting out a 2nd DUI, which he got reduced to a wet and reckless. He is now threatening to take me to court for full custody and child support. I work full time and make $15 an hour. I can not afford to pay him child support. Can he do this?

Asked on 9/23/13, 11:05 am

1 Answer from Attorneys


The answer is, yes he can always try. Based on what you have indicated, I don't see that he would get full custody, but there is that possibility that he could get some type of temporary child support. Child support is based on the respective incomes of the parties, as well as time-share with the child.


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Answered on 9/23/13, 2:07 pm

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