Legal Question in Family Law in California
how to file for custody
I have 2 children from a relationship that did not last. Their father has often said that when the kids are older he will take them to live with him. In the meantime he wants them for Holidays & birthdays. But otherwise does not acknowledge them. Only if he looks like the good guy, does he take them. He has paid only about 1000 dollars in the 6 1/2 years that we have had the children, and there is no way I can afford to pay a lawyer for a custody fight. Do I need money to file for custody? can i get free legal help?
does he have the right to take them even if i don't have legal custody?
1 Answer from Attorneys
Re: how to file for custody
Contact the local district attorney's office, family support division. That office will do two things for you; 1. they will obtain a court order that he is the father; 2. they will obtain an order that he pay child support. The amount of child support will depend on his income and your income. If he is unemployed the court can order him to obtain employment. This will help with the support of the children.
He may however request additional visitation. Support is lower if the visitation is higher.
In regard to custody of the children, he would have to file a petition in court to get custody. It is unlikely that he would get custody so long as the children are doing okay with you. Worry about the custody issue later. if it actually becomes an issue.
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