Legal Question in Family Law in California
In California, my stepson and his wife can no longer live together, and will be seeking a divorce. The husband will be seeking to get joint custody in the future once the dust has settled, but right now he is living out of a car. Until a formal decision has been made regarding child support payments, the husband has utilized a child support payment calculator to determine an amount. The wife is seeking welfare benefits from the state to help take care of the three children. However, she says that she has been told that in order for her to receive the full welfare benefits, she must have full physical custody of the children; and he is concerned that if he grants that, it may set a precedent when formal custodial arrangements are made.
1 Answer from Attorneys
If the father is living out of a car ,it is safe to presume that the children are primarily living in their mothers care. This circumstance does not preclude father from having joint legal custody( the ability to make health, education and welfare decisions jointly with the mother) but it does curtail his ability to have a consistent timeshare where the children can reside with him. He needs the help of an experienced family law attorney to explore his legal options.
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