Legal Question in Family Law in California

Re: Can Ex spouse seek custody if I file bankruptcy

A filing of bankruptcy is not usually relevant to a child

custody situation. If you are a proper parent, then child support

should help you maintain the child. Financial considerations between

parents are not given weight in determining custody.

Re: Can Ex spouse seek custody if I file bankruptcy

A bankruptcy is not usually considered in a child custody matter. It might actually improve the childs situation since you will not be paying money every month on debts you will never pay off, basically throwing good money at bad. Since a bankruptcy basically gives you a fresh start you might have more money to use towards the childs care. I think bankruptcy is a good decision for people who have tried to pay off their debts but just can't do it, but aren't just filing to get rid of debtors with the intention of filing in another seven years. You sound like an honest person who is simply trying to get back on your feet and start a new life. Good luck, and don't think you can't file bankruptcy because your child might be taken away from you because this simply isn't true.

John Hayes, Esq.