Legal Question in Family Law in California

Is sole physical custody possible?

I have an 8 month old daughter, and her father and I were never married. He wants 50% custody, but has told me he only wants it so he doesn't have to pay as much child support. I offered to lower the amount, but because I was on welfare for the first six months of her life the state will not let me lower it. I work out of my home and go to school full-time online, and my ex works 10-12 hour days, usually 6 days a week. How likely is it that I can get sole physical and have him have visitation once a week and overnights every other weekend? Would that be considered joint since he has overnights? I cannot afford a lawyer, but he has one retained. We had some issues in the past with his drug use and anger problems (the reason I left him) although he was never arrested. He is on medication for ADHD and depression, but I'm not sure that affects custody. He was giving me small amounts of child support prior to the order being enforced, but whenever he would get angry that I wouldn't drop child support, he would stop payment on the checks. The mediator even had to postpone our last mediation because he was so angry he was swearing and yelling. Any idea if I have a chance at sole physical w/ visitation and overnights? Thanks in advance.


Asked on 3/29/09, 1:09 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Is sole physical custody possible?

The anger problem you referred to that occurred at mediation could be an important factor for the court to consider in making a custody and visitation order. The ADHD and depression are important to the extent that they interfere with his ability to parent a child.

Read more
Answered on 4/04/09, 12:18 am
Colin Greene Russakow, Greene & Tan, LLP

Re: Is sole physical custody possible?

CA starts with a presumption in favor of joint custody, but in any case you have to look at the facts and circumstances. With an 8 month old, he most likely to get at least a short weekly visit and perhaps a longer visit every other weekend. Depending upon the readiness of the child and the child's familiarity with him he has a chance at 1 overnight, but more likely starting at around the child being 1. If he is persisent, he will continue to get more time as the child gets older. But if he misses visits, etc., he won't .

Read more
Answered on 3/30/09, 2:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California