Legal Question in Family Law in California

The question is too long and too many. Just ask one question or better yet, call an attorney such as myself and we could do a free consultation. Nobody is going to attempt to answer a question like this as posted.

Let's deal first with the issue of support. Child support has a mandatory formula. The formula has three basic factors. One factor is the net income of mother, the second factor is the net income of father. The third factor is the time that father (in your case) spends with the child. For one child the formula assumes that a parent will spend 25% of your net income on the child. So each parent would contribute 25% of their net income for the child's support. Let's assume that 25% from each parent goes in to the child's account. Now based upon the % time that you have the child, that is the % you would take out of the account. So if father had a 10% time share he would take out 10% of the money in the account. You would take out 90% of the money out of the account. The bottom line is that the difference of the funds that he pays in to the account and the amount of money he takes out of the account is the child support that he pays you. So, the less he sees the child the more child support that he pays. That is the general idea and a fairly good estimate of the child support that would be paid, but the formula has a couple of other adjustments, that generally work out to rather minor amounts. The difference in support that he pays for a 10% timeshare is rather nominal to the support he would pay for a 0% timeshare.

Now lets deal with custody. Joint custody is almost universal. Absent real abuse father will get joint custody. That means that he will contribute to the decisions of the child for medical care, schooling, etc. That a gives no indication of the actual duties and time spent with the child. Beyond that the order is generally, the child will be with father for certain set times and with mother for all other times. If you are happy with the times that the mediator recommended that the child is with father, that should cover your concern, what name is given to that time that father spends with child is not really important. We really don't like calling it "visitation" because he is not visiting the child, but is caring for the child during those times. The California Supreme Court has even stated that what that time is called is not important the court should look at the actual time spent which would include the duties for that time.

Bottom line on custody. Look at the schedule the mediator recommended. Concentrate on making a schedule that will provide a safe and secure place for the baby, with both parents, as well as getting father and child time to bond with each other and allow that bond to grow as the child matures over the days, weeks, months and years. Shakespeare said "a rose by any other name is still a rose". Don't be concerned about the name of the custody time, be concerned about the schedule. I hope that is helpful.

Of course, if he has lawyer, you are much better off with a lawyer. Remember, you are setting a pattern for your child's development for the next 18 years. Start with a good foundation and build on that rather than beginning with problems. Experienced family law attorneys have seen the problems that come up with custody and child sharing and can help you prepare for the changes that your child will go through and the changes in the child sharing schedule as the child matures. Call my office and tell them I offered you a free consultation. My bet is you will feel much more comfortable with the situation after the consultation.

Good Luck, Pat McCrary

I stand corrected.

I think I understand your question better, but the answers are the same as I gave you previously. I now understand that you do not want him to get 10% time credit in the support calculation if he is not actually going to care for the child 10% of the time. As I told you before, however, the court is not going to base its order on the presumption that the father will not follow it. As for the breast feeding, different courts deal with it differently but no court I know of will deny custodial time to the father on that basis. I have had one client told that she needed to wean onto formula or pump. In any case, the court is going to put the child's interests above your convenience and comfort, and the court presumes that fostering a good relationship with the father through frequent and regular time with him is in the child's best interests. If that is not the case it is up to you to disprove it. Lastly trying to do that pro per when he has an attorney is about as certain to fail as anything I can think of in a legal proceeding.