Legal Question in Family Law in California
A non Participating Father Files for Custody....
The father left the pregnant mother and did not participate during the last half of the pregnancy, nor was there for the birth of his child (was notified to go to hospital multipul times on the birthday). The father has been absent except for a handful of short visits never more than a couple hours, mostly about 20 to 45 minute visitations, poorly planned, and he barely interacts with the child(2yrs old)during visits. Has now served the mom with Custody papers for 50/50 Legal Physical and a last name change to the his last name. The mom can't afford an attorney. Can we get through this and keep custody of the child with out an attorney? We want his participation in raising his child but he must know he has to be a productive and possative role model for his son. He is a unmotivated, uneducated twenty-something year old motor-head type that lives off his dads income and a hefty inheritance from his grandma. He can't be able to get custody just like that can he?
1 Answer from Attorneys
Re: A non Participating Father Files for Custody....
Ask the court for an order for the father to pay your attorney fees. Also the income from the trust fund that he receives can be used as the basis for setting his support obligation.
Get informattion about his alcohol and drug use, that is any convictions, or rehab programs his has attended.
Consulting with an attorney about you situation will give you a much better feel for your situation. Some attorneys will take your case and get their fee from the father.
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