Q: found out that I'm not legally married to wife. Will judge still give me visitation or sole custody of child

A: You put this under domestic violence as well. If there are allegations that could be made of domestic violence, you should get a lawyer immediately because that person will know how to best present your case.

To answer your question, assuming that you have a child together, the standard for deciding custody issues in California is what is in the "Best Interest of the Child" that should be given primary consideration. Here are some factors that the court may consider (again, however, you should contact a lawyer).

The age of the child.

The relationship of the child's parents and any other persons who may significantly affect the child's welfare.

The preference of the child, if old enough to express a meaningful preference;

The duration and adequacy of the child's current living arrangements and the desirability of maintaining continuity;

The stability of any proposed living arrangements for the child;

The motivation of the parties involved and their capacities to give the child love, affection and guidance.

The child's adjustment to the child's present home, school and community.

The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical stress.

The capacity of each parent to cooperate in childcare.

Methods for assisting parental cooperation and resolving disputes and each parent's willingness to use these methods;

The effect on the child if one parent has sole authority over the child's upbringing;

And

History of Domestic Violence

All other factors having reasonable bearing on the physical and psychological well-being of the child.

A: Although you are not legally married, the judge will still order child custody and visitation for you. More facts are required to determine whether you would obtain sole custody. The fact that you are doing the things that dad's are supposed to do is a good fact on your side. I see that the domestic violence box was added to this posting. If the other parent committed domestic violence against you, the DV laws provide some additional protections. Consult with a family law attorney in you County. Definitely consider hiring a lawyer at least on a limited scope basis.

A: Child custody/ visitation is not dependent on being married to the child's mom. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.