Can my husband get full custody of his daughter? 5 Answers as of February 27, 2011

My husband has a daughter who is 10 years old. His ex wife gets $800 in child support every month. She doesn't have a job and doesn't have any steady income. She currently lives with her mother and step father, as well as her boyfriend and my husband's daughter. She filed for bankruptcy 2 years ago and I don't think that she spends her money responsibly. Would she be able to ever get more money given to her for child support? Would these factors be enough for my husband to get full custody of his daughter?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No money issues usually do not impress the court to change custody. Your husband needs more.
Answer Applies to: California
Replied: 2/27/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Child support is based on dad's income, mom's income, and the parties' timeshare of the child. If dad makes more money, he may end up having to pay more child support. He could file a Motion for a Vocational Evaluation of mom, but he would likely have to pay the expert witness fees for the Vocational Evaluator. The purpose of the Vocational Evaluation would be to get evidence to persuade the Court to impute income to mom, i.e., to treat mom as though she was earning money. The evaluator would interview mom, investigate her education, training and work experience, put her through some tests, contact collateral sources if appropriate, and perform a labor market survey, to enable the evaluator to write a report and testify as to what mom could earn now from available sources and/or what training mom would need and what she could earn and when, to assist the Court in evaluating the support issues. The factors addressed in your question relate to support, not custody. Custody is based on the quality of the relationship of each party with the child. If dad feels that he is the better parent, he can file a Motion for a Child Custody Evaluation, again likely at his sole cost. If the Court orders a Child Custody Evaluation, the parties would need to select the psychologist/psychiatrist/LCSW to perform the evaluation. The issues would best be handled by an experienced Family Law Attorney, so it is recommended that you retain an experienced Family Law Attorney to represent you in the litigation.
Answer Applies to: California
Replied: 2/27/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If Mom is unable to care for her daughter, then that may be grounds for a change of custody. Your husband's feeling that she doesn't manage money well, however, is not in and of itself sufficient for a change of custody. If your husband is looking for legal assistance in this matter, please have him contact me for a free consultation.
Answer Applies to: California
Replied: 2/27/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Financial issues rarely if ever give grounds to modify custody. You will need much better proof re the child's best interests to gain custody. As to the child support, that is dictated by a formula. So the answer is yes, mom might be able to increase support or conversely, dad might be able to reduce child support. He should consult an attorney ASAP to determine his chances and file a motion requesting more time with the child.
Answer Applies to: California
Replied: 2/27/2011
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You really cannot file for a change of custody due to finances. Now, if she is sleeping in cars, then clearly that would not be in the child's best interest. But for the most part, the court will not consider standard of living in custody matters. If so, then people with more money could always provide a better life style and thus poorer parents would be prejudiced. However, at some point, living conditions could be detrimental to a child. I don't know if she could ask for more child support. Child support is tied to custody and income of the parties. So, if something has changed since the original order support can change.
Answer Applies to: California
Replied: 2/27/2011
Click to View More Answers: