My question involves a child custody case from the State of: California
My ex and I were never married. I left him in July 2009. He had no desire to have our daughter more than one night per week until January 2011 when he found out I have moved on. He used to pay $300.00 per month for child care when we both worked full time, but now I am unemployed (on unemployment) and he hasn't paid anything since last November. In January, he filed for custody, the court awarded him 20% in March 2011. I saw a free paralegal and found out how much my ex would owe me in child support if I took him to court (assuming the income he told me was correct). I went to him and asked him if we could make a mutual agreement for less if we can avoid going back to court. He said he could not afford to pay me anything for our daughter and to take him to court. So I filed. Our court is tomorrow and he sent me the response paperwork last Thursday informing me he wanted 50% in order to pay nothing in child support. I'm not worried he will get 50% because his work schedule won't allow it, but I am worried he will get more time with our daughter and the little time she is with him is already affecting her negatively. My ex was an alcoholic and had to drink everyday when we were together. When he got too drunk he was abusive. I never reported it to the police (I know I should have) but I have witnesses to some of the abuse. I submitted a photo of him drunk behind the wheel of his car and witness declarations of the abuse when we went to court the first time. The court still awarded him 20% custody. He is unfortunately an functioning alcoholic in the sense he can hold a job and appear completely normal. I just don't know what to do. I don't know how I can protect my baby from the behavior I know she is observing behind closed doors. Please help....