Legal Question in Family Law in California
My 2yr old's father rarely comes around & only pays $200 in support while he lives a lavish life style ($600 Gucci shoes, a new luxury car every year). I would blow off the insult of the $200 if he were in my son's life but he sees him for a couple hrs every couple months. My son has started having melt downs when it's time to say good bye to his dad because he never sees him. His lifestyle is full of being out all night and he smokes illegal drugs as a habit. I would love nothing more than to see my son's father be a good example & make my son a priority but I fear he will be a bad influence & cause my son a lot of emotional pain with not being reliable or consistant. He also insists on making me travel the hour & a half to bring his son to him & has told me several times that it's my responsibility to make sure he has a relationship with his son. He threatens to take my son away from me out of the country. I found different bills & trafic tickets in different names that he's using so I fear he'll be able to disappear with my son. He says if I file for child support I'll get even less than $200 & he has more money & will fight to legally take my son from me to give to his mother to raise. I've tried every angle with him to get a more positive out come but it seems to be getting worse. What can I do to protect me & my child? I haven't filed anything w/the court because I'm afraid the courts wont act in my son's best interest (I've heard horror stories about the way things work against mothers now) but I feel trapped. My son's father has money for attorney fees & can be very charming. I can just imagine how this will play out.
2 Answers from Attorneys
I am not a family law specialist but I think you are unduly frightened. You are dealing with some one who will never change. I assume you were not married. Don't let him see the child anymore, file for child support. A Judge is not going to favor a dead beat who sees his child so little and pays only $200 a month. Speak to some family law attorneys; they probably can get the court to order him to pay your attorney fees.
I do practice family law and I agree with George. There are always horror stories, but generally they are untrue or exaggerated. Family law judges are by law supposed to look at the best interest of the child. I think dad is likely wrong here, and you are fearful of a man who is taking your child's money and spending it on drugs and shoes.
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