Legal Question in Family Law in California

The first and last part are unacceptable reasons to deny custody under the law. The law says that support obligations and custody rights/obligations are completely un-connected except to the extent that the time with each parent in the custody order goes into the support calculations. On a practical level, the courts really do not like it when a parent tries to use custody or visitation as a bargaining chip or weapon in the financial issues.

The fact that he does not have his own place to live, however, is a relevant factor and would be grounds to seek a modification of custody. Don't expect him to be denied custody altogether, however. The policy of the state, the law and the judges all expect both parents to foster a good relationship and regular and continuing contact with the other parent. So to the extent he can take her for weekend days, dinners, etc., until he has his own place again, you should not only expect that to be ordered, you should support and encourage it.