Legal Question in Family Law in California

Custody is not based on the economic station of each parent but what is is the best parenting environment for the child. Typically the parent that provides the day to day care for the child is considered the best candidate for physical custody.

You can always file for custody. But, the courts look strongly to what parenting plan the two of you have been exercising as a good indication of what is best for the child. If you have been more hands off, then your chances of getting primary custody are not good unless there are some extreme reasons for the courts to change things which you haven't revealed. Good luck!