Legal Question in Family Law in California

right to care for my daughter instead of paying a sitter

Recently the mother of my daughter and I have not been getting along. I am currently unemployed and have been picking up my daughter from school and caring for her until it was time for her to go home with her mother. Her mother agreed that child support would not have to be made until I start working again. To keep it short, we are not getting along and she no longer allows me to pick up my daughter and says that I must pay for a sitter and I cannot see her until I take her to court. First, I offered to take care of my daughter. Can she seek reimburment for paying a sitter instead of allowing me to care for her? Second, I am single and live with my mom in a house. Her mother lives in an one bedroom apartment with her husband and 3 kids. We both do a great job as parents, is there any chance I can gain custody of my child?


Asked on 3/21/02, 2:32 am

1 Answer from Attorneys
PATRICK MCCRARY PATRICK MCCRARY

Re: right to care for my daughter instead of paying a sitter

You did not say whether or not a current child sharing order is in place or whether you have ever been determined by a court to be the father of the child. Yes you will get at least joing custody. Since you have a disagreement on the child sharing that is the appropriate time to ask the court to set a child sharing schedule. It is not unusual that the parent not working would have the right to care for the child. Also, if there is a child support order in place, you cannot reduce child support, even by agreement without a modification of the court order. Pat McCrary

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Answered on 3/21/02, 10:48 am


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