My question involves a child custody case from the State of: California
My husband and I live in Nevada.
The mom and his two sons live in California.
I'm seeking advice for my husband (26 years old). He has two children from a previous relationship (they were never married). The first born is turning eight this year and the second is turning six. He's always wanted to file for custody, but has always felt that the court will favor the mother and that it will be extremely costly (we live paycheck to paycheck with a small savings, make about 50,000 annually). The boys are currently living with the mother's two aunts in a hotel room. The mom (27 years old) currently lives at her boyfriend's parent's apartment. As far as we know, the aunts take care of the boys the majority of the time.
The mom used to live with her parents back in 2010. When her first son was born she would take care of him or he would be passed on to other family members to be taken care of while she was at work (ex. my husband, his parents, her aunts or her sister). As years went by and she had her second child, the care of the children slowly slipped into the hands of his parents. I started noticing the boys were pretty much living at his parents house. Also, she had put him on child support (which was fine). Except for the fact that the majority of the time they were at his mom and dad's house, so we weren't quite sure where the money was going. I would say about 2 years ago the mom's parents lost their house and we found out they were all living in a hotel room. The boys told their dad, they were sleeping on an air mattress at a hotel with their mom. This is relevent: The mom's two aunts were living at her parents house and they moved into her uncle's house temporarily. Then the mom's uncle kicked them out and they ended up at my husband's parents house. His mom finally told them they needed to find a different place and now the two aunts are at a hotel (with the boys).
To sum it up, the boys haven't had much structure. They're constantly moving from place to place. My husband and I have a home. We have room for the boys. He talks about filing for custody constantly but always fears he's going to go through the whole process and get denied. Or worries that he will spend thousands of dollars on getting a lawyer and in the end it didn't make much of a difference.
I think he has pretty good evidence to show that she's not taking care of her boys. But thats just my opinion. Hopefully, someone can help me give my husband some advice or perspective on the situation. I'm definitely no expert on the subject. Thanks for taking the time and reading. And thank you for any advice.
Stay at home mom
My husband and I have a three year old
27 years old