Custody/Support

My fson has 2 yr old - broke up with the mother prior to birth but supported her through pregnancy (never married) - she found a new guy - pregnant when son's baby was two months old. She married the second guy prior to birth of her second child. Son had paternity test and signed parenting acknowledgement for California. She refused to sign/file. Son has paid support from day 1 at an agreed upon amount of $600/mo. She controlled when and for how long he was allowed to see child. When she learned how serious he was with a great young lady, she did a 180 and became major controlling with the child. No can't have for the weekend and then on Friday night - better get over here and take the child for the weekend or you won't see again. All holidays go to her and her family. Son has contacted an atty to establish paternity and obtain joint legal and physical custody. She says that the courts will laugh at him. She has never worked so has no actual income but the husband's. Son makes about $40k/yr. She has told him that the court will determine that she has no money and will almost double his support payment and make him pay for her atty. She also said that she is filing to allow him to have the child in only three counties in the state - does not include the one that he and fiance were looking at moving to although it is closer to child than the other two counties she listed.

Does he have any chance? He has been there for his child with the visitation that the mother has allowed and paying support. He will always support his child but knows that the child's mother will control his life for the next 16 yrs.

Will the courts look at her earning potential or at her husband's salary? What advice about obtaining joint custody. Any other advice? Thank you.

[tbyte]

I would say his child support payments would probably remain around $600 per month. Search the internet for online child support calculators for your State to get a better estimate.
The courts will calculate support based not upon the actual income of both parties, but upon their potential income. If one party is not working then they court will look at their past earning history, or impute some minimum income level typically around $15K per year.
The courts are not going to "laugh" at him. Nor will they limit him to three counties. He should ABSOLUTELY pursue a "shared parenting plan" where he is a co-residential parent, though it is likely that she will be designated the residential parent for purposes of school placement. The last thing he wants is for her to have full custody, as she will obviously use it to control him.
And tell him to STOP taking legal advice from the mother.