Pasadena, CA asked in Family Law, Child Custody and Child Support for California

Q: Am I likely to receive sole custody when the father homeless but I have a jail record? I'm the primary caregiver.

I'm the unmarried mother of a 6 year old son. His father and I haven't lived together for over 2 years. I've been the primary caregiver for that time, arguably longer as he has never held a job and I have always been the primary breadwinner and responsible for his education and medical care. I have a jail history due to multiple DUIs but have been sober for over 4 years and gainfully employed. The father has been homeless for over a year. I'm afraid of a custody battle because of my personal history however my son's father is incompetent at parenting, generally irresponsible, and continues to seek visitation and interaction at inappropriate times (late at night) despite never providing for our son or demonstrating any adult reliability. This has worsened with COVID-19 and his visitation without social distancing. I now live with my girlfriend (we are getting engaged) who is stably employed, also provides routine, and too financially supports my son. We are worried about our health.

1 Lawyer Answer
Mike Darlington
Mike Darlington
  • Divorce Lawyer
  • Redding, CA
  • Licensed in California

A: Reading between the lines there is way to much information that has been left unsaid to make an attempt to give you advice on how to proceed. You best bet is to get a consultation with a local family law attorney that can spend the time with you to get all of the information needed to make an informed analysis of your situation.

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