Legal Question in Family Law in California
I am living with my significant other since March 2007 (7.5 years) in California. We are not legally married, although we had a wedding ceremony. We have two children (ages 4 and 1). I am the father on both birth certificates. I am also the sole owner of the house, I pay the mortgage (although we are upside down), child health care and insurance, pre-school, auto insurance, food, house bills, I cook, everything. I also drive our son to and from school 99% of the time as well to all of his extra-circular activities. My partner only pays her mother to watch our youngest child. I also pay for and maintain all life insurance policies, our kids 529 and a small IRA.
My partner most likely cannot afford child care or to live on her own. Her parents rent a condo and I have been paying for her mothers car insurance due to their financial situation. I work at home 100% of the time, and my partner often has to leave before the kids wake up and other times comes home after my son needs to be picked up from school or her mother leaves after watching our youngest.
I had a personal bankruptcy 3-4 years ago as well as an expunged DUI 6-7 years ago.
My question is: If we were to separate and go to court for custody.... How would this look to a Judge as far as Custody? Support?
1 Answer from Attorneys
Development of the parenting plan involves a number of factors including cooperation between the parents. If the parents cannot cooperate on developing a parenting plan will be, the court will issue orders concerning the same. Past conduct if corrected will not weigh in on the parenting development. The division of any property that you may have would not go through the family courts because you're not married. Please meet with an experienced family law attorney to explore your legal options.
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