Legal Question in Family Law in California

I am currently in the process of deciding whether I should file for custody of my 4 month old daughter. Her father and I were never married, but we were in a relationship for almost 2 years. However with recent events, things have not been working so I am moving back with my parents. He is under the impression that just because he has a full time job and I am only working part time this will be a basis for him being granted custody over me, I highly disagree but I want to know if his prior criminal background will give me an advantage over him? He is currently on probation, he has a felony conviction for car theft and a misdemeanor conviction for statutory rape, and he also has a history of substance abuse. I want to know if the court will take into consideration his past and give me sole legal and physical custody of my daughter in this case?


Asked on 8/20/12, 4:01 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Employment is not the basis to establish custodial placement. The court is required to ascertain the placement based on a number of factors primarily focused on the child's best interest. If you are the day to day caregiver, the court would not uproot the child from that environment simply because father has greater economic stability.

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Answered on 8/20/12, 4:41 pm


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