Child Custody for Self-Employed Fathers

By Gerald A. Maggio, Esq.

child custody mediators Orange County; California Divorce MediatorsSelf employed fathers, more often than not, have to face difficulties in obtaining child custody and visitation rights. It is the same in California also. Unlike salaried fathers, self employed fathers do not have regular hours of work. The courts always prefer that the child gets to spend quality time with a parent.

California courts lay emphasis on the father’s status quo (the current situation or state of things) when dealing with a case of child custody. They want to make sure that you can act in the best interests of your child. Whether you decide to move out of the house or not will not affect your rights of visiting or having custody of your child.

California Family Code 3046

The father may have moved out (for a short period of time) but is showing a keen interest in the life of his child. He is also making every effort to keep in regular touch and does not show any intensions of abandoning the child. The self employed father, then, stands a good chance of winning child custody and visitation rights.

But you should always be ready to spend more time with your child. You should discuss with your divorce lawyer before deciding if you should stay in the family home or move out.

Written agreement

It is best that you and your wife sign a written agreement. The agreement should detail out the schedule of your custody, visitation and any financial contributions you may be making. An existing agreement may stop the court from giving alternate ruling. It may accept the terms and conditions set out with minimal changes.

The agreement lets you have a certain amount of control over the ruling. The court is more likely to make a decision in your favor if it sees that you and your wife can agree and work together in the best interests of your child. But 2 things need to be kept in mind about the agreement.

  • The agreement will not be the ultimate decision regarding the issue of custody and other important aspects related to a divorce. You should sign post nuptial agreements and other settlements after the divorce.
  • The temporary agreement signed by you and your wife before the divorce should be prepared by an attorney. But it should not be too formal.