Legal Question in Family Law in California

Currently my boyfriend is sharing 50/50 custody of his 5-year old son for the last year? there are no legal documents and mom keeps threatening to take son away... She is unstable (son is hoping from house to house)and Irresponsible (incomplete homework, late to school, missses school, late pick up, late bedtime, child is always tired, dirty, leaves him everywhere). My boyfriend has finally reached a tipping point but is afraid to file 1) his son loves his mom very much but wishes she would spend more time with him. 2) he has 1 1/2 hour commute to and from work he is unable to take him and pick him up from school.. and thats where i come in to help, we are enagaged and live together... everything else he does (swimming lessons, baseball lessons, homework, baths, and cooks and spends lots of quality time) I just support him with pick ups/drops off... I love his son just like my own and I'm also on the fence with all the legal stuff. II'm hoping they could come to an amicable decsion, but its not happening. Mom is very immature and she's on welfare...My question in the eyes of the court, woudl it look bad if my boyfriend fought for legal custody, because some things might be hard to prove...? We're confused because he doesnt want to lose the 50% he has now? advice please...Thanks


Asked on 3/28/11, 3:04 pm

2 Answers from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

This answer should not replace the legal advice you should seek in an office meeting with an attorney skilled in child custody and family law.

With that being said, it seems that your boyfriend should file and properly serve a petition for paternity to establish that he is the biological father assuming he has not done so already. At the same time, a motion to structure the parenting relationship should be filed and properly served..

Read more
Answered on 3/28/11, 3:39 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

Adding to that, you really should have a long talk with an attorney face to face. If he has 50% custody now, the courts are usually relectant to change the status quo. He may have to go in on an emergency basis to get custody until the courts can make a permanent order if the threat to disappear is believed. You really need to sit down with an attorney to decide the best course of action. Many do an initial consultation free

Read more
Answered on 3/28/11, 3:53 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California