I am 27 years old and am looking to file for primary custody of my 3 year old daughter, Currently she is off visiting her mother (21) who lives at home with her unemployed mother (Unemployed since 2006) as well, Both of them don't have jobs, My child's mother doesn't even have a high school diploma and isn't enrolled in school, I have visited there apartment and they don't even have furniture in their bedroom it's just an empty room with clothes here and there, My child's mom was living with me until our daughter was 1 1/2 she later moved out to live back with her own mother and soon became evicted leaving my child's mother and her own mother homeless so they were living in shelters for about 5-6 months she took my daughter with her on this journey to which I didn't even agree so I didn't get to see my own daughter for over 4 months until one day my child's mother decided to call, I soon got my daughter back then she started calling telling me the shelter wouldn't let her stay unless she had our child back, while she was in the shelter she got on welfare and then child support came after me when I already had my child living with me and for the majority of her life I have provided everything for her up until now I am providing everything for her, So I'm getting garnished while my own child is living with me based on some welfare my child's mom was on so I got stuck with the tab, I talked with my child's mother about this and she signed a termination is child support sheet saying I have provided more then 50% of the custody and care she actually wrote down 70% Custody and Care on my behalf. So San Diego County terminated the child support case and it's been about 2 months since I've been free from paying that and also taking care of my child at the same time. I am full time employed and have been with my job for over 4 months before then I was with another company for over 5 years my work experience is pretty solid and I have always worked, I graduated from high school and went on to college where I studied Criminal Justice Admin. Whenever my child's mom get's mad at me she tells me to leave her alone and to stop worrying about our child and sometimes she tries to hold on to her for over a month to where I can't even see her because my child's mother gets involved and acts like my kid belongs to her and I have no say so in what happens. Please let me know If I could use anything that I have told you guys in court, Ohh by the way they don't even have a Car either. I currently rent a room out at my parents house my father is a senior border patrol agent and my mother is self-employed she has a cleaning company, I am lead security officer for my security company we have a very nice house in temecula Ca with all my child's toys and things over here, Over at my child's mom's apartment they don't have any of these things. Please help me out guys I don't know what to do even though I do have a 2nd original termination of child support paper because my child's mom signed the fact that I provide 70% of care and custody in those words... Gosh guys please help me I have never done anything like this before...

D.M.R

Most of what you have posted does not matter - if you want sole custody or a change in custody you must prove that the other party is an unfit parent or a danger to the child in some way - emotionally, physically.

Custody is not awarded on the basis of education or employment.

You say the mother is unfit, yet she takes the child for a month at a time?

I think you need an Attorney.

There is no sort of Custody worked out between the 2 of us at this time. I am seeking primary custody based on the fact that I don't feel my child's mother can provide for her based on the past and her inability to want to work. I do still want my child's mother involved I am not trying to take our baby away from her mother I still want her to be able to visit and be involved in my daughter's life.

Since you have no actual custody order from a court that is where you have to start. You have to go to court and ask to be awarded primary physical custody. You can use the fact that your child has been living with you for however long (and bring proof) but from what you are saying the child's mother is not a danger to the child at all so I'm not even sure why you are asking about the unfit her being unfit. Go get yourself a lawyer and get a court date simple as that.