Can the mother seek primary sole custody and child support even if i have my son 43% of the time while I am unemployed?

You have really described several issues: 1) If you truly have your son more than 40% of the time, it would seem that you should be thinking of joint physical custody, not just visitation. My guess is that is what you actually have and she is the primary caretaker with just a little more time with your son than you. Joint custody doesn’t necessarily mean “equal”, it simply means both parents are fit parents. (You can use the links below and visit my website to see the definitions of custody.) 2) If you are presently unemployed and it was not because you voluntarily quit your job, you need to bring a motion called an Order to Show Cause seeking to modify your child support immediately. If your wife is working, she may well be ordered to pay you child support. The amount of support you pay is determined by a formula found in the California Family Code, section 4055. (You can use the links below and visit my website to link to the code by going the “resource page” on my website. You can find out the result of the formula by going to the support calculator on the same page.) 3) Yes, she can seek sole custody, but so can you. The court will determine what is in the best interest of your son. If you are both fit parents it is likely neither of you will wind up with “sole” custody. I recommend you contact an experienced family law attorney either a family law specialist, or an attorney who limits his or her practice to primarily family law. Most lawyers will give you an initial consultation at little or no charge. Good luck. Disclaimer: I am licensed to practice law in the state of California. Therefore if your case in not in California, the information contained herein may not apply. This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.