What are my chances of getting sole custody in LA?
My husband kicked us out when the babies (twins) were only eight weeks old. He has made no effort to see them ever since because I’m living with my parents and he says it’s because my parents would make him feel uncomfortable. My parents have literally done nothing to make him feel this way. He sent his son (my step son) over here for a few days to see me because he missed me. If he was so worried about my parents why would he send his own son here? Either way, he could at least ask me to bring the babies to him for a few hours but he doesn’t even do that. He’s threatened to sign his rights over twice via text to get out of paying child support. He’s had a vasectomy so he’s clearly sleeping around (adultery.) I have a good chunk of money saved that I could use to hire a lawyer but I’d rather put it towards a down payment on a house if I’m not going to walk out of the court room getting what I want. It would all be up to the judge and I’m nervous my husband would do a 180 and ask for 50/50 custody so that he doesn’t look like such a dead beat and the thing is-if the judge wanted to, he could grant that! Which would absolutely kill me. I just don’t know what to do and on top of these legalities I’m not very emotionally stable given my circumstances.
Edit to add that although he’s willing, I don’t want him to sign his rights over to get out of paying child support. I only make $800 every two weeks so I need child support. If he signed over his rights he would also be signing away all responsibilities. I just want some custody, as in I have the only and final say to anything regarding them from what school they go to, to if they were on life support he didn’t have a decision on whether or not the plug would get pulled.
The first update was supposed to say I just want sole custody not some***
- Nekkid Truth!Lv 72 months ago
He CANNOT sign away his obligation to pay support. Even if he gave up rights, he's still obligated to pay support. The ONLY way out of support is if you get remarried and your new husband adopts the children as his.
- Anonymous2 months ago
In MOST cases the Court will NOT allow him to “sign his rights” over, whatever he THINKS that means. He is the father and responsible for support until someone adopts his children. It’s just that simple. The Court can enforce child support. The Court CANNOT force him to be a “Dad” - that means no Court can force him to visit, ask about them, do anything but pay support. I wouldn’t be too sure that a vasectomy means “adultery.” In fact, if it is a clear sign of adultery, that’s a meaningless issue when it comes to visitation/custody. "He" can sign whatever he feels like signing. It's meaningless.
In view of your absolute ignorance of the law I would suggest that you put the “good chunk of money” into retaining legal counsel. No one can guarantee how a Judge will rule. The Court will take a look at the entire situation including both parents and decide what is in the best interest of the CHILDREN.
Again, he CAN’T sign away his rights, and this is the exact reason you need legal counsel. The same with who would have the decision to “pull the plug” if one of the children were on life support. ONE parent does NOT make that decision. You just want “some custody” but want the “final say” 100%. That is not going to happen.
- ?Lv 72 months ago
Signing his rights over doesn't get him out of child support. So let him do it, then you are done with him and still get support.