Having a job and/or money is not relevant to custody orders. Many poor people get to raise their children. So you won't lose your children if you can't afford a good home for them (although it will certainly be hard to provide for them like that).
In short, if your ex quits his job, this will not give him any advantage in a custody dispute.
Your ex and you *both* have an obligation to support your children. That means that if he quits his job then the court can actually find that he has the *ability to earn* and it may order him to pay support based upon what he used to earn before he quit.
If you have no one, have you considered going to either the Dept. of Family and Children's Services for financial assistance, or to the Dept. of Child Support for help in enforcing the support order?
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
I agree with Counsel's assessment.
I would add that if you have any records (letters, texts, etc) showing his statements to you that he was threatening you with not working that those would go a long way to showing the court what kind of man/father he would be if the court gave him more custody/visitation than he already has. Parents are supposed to provide for their children and outright refusing to work is the display of a horrible character trait that the court will certainly consider in support/custody evaluations.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges
If you have been historically doing all the parenting and raising the children, the court is not going to change physical custody based on the fact that your ex quits his job. If the kids are fine, healthy, doing well in school and you are taking good care of them, then there is no basis or substantial reason to change the physical custody arrangement. The court should hold him accountable for his earning ability, and child support should be calculated on that amount.
If you have found this information helpful, please let the attorney know by marking best answer. Thank you. This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.