What to do about custody and child support if you are not yet divorced?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do about custody and child support if you are not yet divorced?
My child lives with me full-time, he sees his dad Tuesdays and Wednesdays but always spends the night at my house. His father and I are still married but separated (not legally) about 6 months ago and both moved to our own places. I was a stay-at-home mom until last week when I started work. He agreed to pay support to me and child support for at least 2 more months but now he is saying he wants 50% custody and not to pay anything anymore. He barely has time for our child 2 days a week and often leaves him with a sitter. What are my rights in this situation and how can I get legal help with no access to money?
Asked on November 14, 2012 under Family Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
You must go to court and file for divorce, requesting a custody order, child support, spousal support, and attorneys fees (if applicable). It is hard to predict what judges will do with regard to custody as the, "best interest of the child" is the standard and that is a bit ambiguous.
If your husband makes less money than you and you hire an attorney, under Family Code 2030--you are entitled to have your husband pay for a portion or all of your legal expenses.
You should really talk to a local family law attorney about your case and get help. If you try and decide you can't get an attorney, then you should call the local bar association and also go to the "self-help" office at your local courthouse.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.