If the father of my son is not an active person in my son’s life, can he be awarded 50% custody?

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If the father of my son is not an active person in my son’s life, can he be awarded 50% custody?

My son’s father was only in our sons life for the first 5-6 months of his life. We had a rocky relationship then I stopped receiving calls from him. It’s been 2 years since I heard from his dad. I filed child support because the workers said that I had to. He has now been paying since the last year. However he blames me for not letting him see our son. He is self-employed working for a medical marijuana distribution company. I filed for a modification with child support also. I have tried to work things out with him but he ignored and refused every call I made to reach out to him.

Asked on April 28, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Courts in California have very broad discretion in determining child custody cases.  Their main concerns are the safety and welfare of the child or children and that the child have frequent and continued contact with both parents.  California encourages the use of a "parenting plan."   However, the best interests of the child isalways the standard.  There are also many types of custody arrangements.  Sole custody orders and joint custody orders.  These two types have variations in and of themselves as well and they deal with both legal and physical custody of the child or children.  That means not only who has them physically but who gets to make decisions on the issues that pertain to their life.  I think that you should get some help here with all of this.  You two are tied together the rest of your lives through your child.  Good luck. 


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