Legal Question in Family Law in California

More facts are needed to ascertain if your situation would justify sole legal custody. The courts have a preference for parents to share legal custody responsibilities (that being making joint decisions for the health, education and welfare of the child). Parenting physical timeshare is based in the best interests of the child. As to support arrears, you clearly should return to court on an enforcement motion. Child support is based on the incomes of the parties and actual timeshare the parents have with the child, hence you would not lose any existing right to receive child support on a motion to increase your time with the child.

I agree with Ms. Kock. As far as how you go about it, the Family Court where you got your divorce should have a self help information office or Family Law Facilitator. I suggest you go there and get what help they can give you. If after meeting with them you feel capable of doing it yourself, go ahead, but if you have any doubts, then hire a lawyer. I also want to emphasize what Ms. Kock said about joint custody, unless the other parent is unfit or abandons the children, it is very unlikely you will get sole custody. Custody is not used to punish people for not following the financial orders in a divorce, and motions for sole custody that are not based on serious misconduct by the other parent and the best interests of the children can backfire. I personally got primary custody of my son form 50/50 when my ex filed a merit less motion for sole custody. Lastly, as for support, support goes up, not down, the more custody time you have, so if you have sole custody you get the maximum possible child support.