Legal Question in Family Law in California

Re: Stay at home Mom seeks advice.

Generally in child custody is determined by what is in the best interest of the child. From the facts you have stated you will have a difficult time showing that you are in a position to properly care for these children.

some of the common factors used in determining custody is whether the custodial parent can provide housing, childcare, schooling etc. The child's preference is taken into consideration as well.

Based on what you have stated I do not believe that you have a strong argument for custody. Also be aware as the non custodial parent you will be required to pay child support for your children. You can deminish these costs by continuing to asist in the care and support of the children but in the end you are also responsible for providing for them.

If you do not have an attorney I recommend you seek one out, and if you do I recommend you take your questions and concerns to them.

Re: Stay at home Mom seeks advice.

You are the primary caregiver for these children if their father is at work 12 hours a day. You need to get an attorney to seek possession of the house and move back in there. If you can't get that you want custody of the children Monday through Friday from when father leaves for work until he returns. Weekends and holidays should be split. You absolutely need an attorney. Find one that is either low fee or will take your case and ask the court to order Husband to pay most of the cost. You need to calculate the time share after you have come up with the best possible plan for your children and then and only then calculate the support. You also need to get all of your children in counseling just to deal with this issue. Also, get a job. It doesn't matter how much it pays if you can work while the children at at school or with Father. The court is not going to allow you to be a stay at home mother so find something you can do 20+ hours a week. You seem to be somewhat passive so find someone to be a strong advocate for you and your children.

Re: Stay at home Mom seeks advice.

I generally agree with Ms Simmons. You need to immediately search out and retain an attorney that will vigorously represent you interests. I have never heard of a court basing custody on the income a one parent as compared to the income of the other parent. The court can resolve the difference in income by making an order for child support and spousal support. You must however, move quickly as the longer the present situation exists the more difficult it will be for you to convince the court that you should be the primary custodial parent. The court should order your husband to pay your attorney fees. Also if there is a community property house an attorney may accept your case with a promissory note and a deed of trust on your house.