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

Q: Do I have to take my child home to their mom if I have to pay child support- Does it establish custody?

I am paying child support and have been considered present less that 10% of the time. However, my child’s mother does not want to give my child to me. She only drops her off when convenient and will not give her to me even on my days off. Instead she drops them off at a caretaker and says my child will not stay with me. I would like my child to sleep over on the weekends. Do I have to give them to their mom if I don’t want to?

1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Divorce Lawyer
  • Culver City, CA
  • Licensed in California

A: Sounds like you are paying support without any enforceable court orders regarding custody. If you want custodial time with your child, you need to petition the court for those orders. Otherwise, Mom can pretty much do whatever she wants.

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