[ca] Seeking Legal Advice In Alameda County. Son’s Father Arrested For Child Pornography.

Last week my son's father was arrested for child pornography. We currently do not have a custody agreement. My sons father does not have a history of taking accountability for his actions and is well versed in spinning things to keep himself out of trouble. I have very little information on everything that was found when his phone and house were searched but it did lead to an arrest and a $50,000 bail. One of his friends bailed him out so he is out in the world until his court date.

My question is, if I file for emergency sole legal and physical custody with preferably supervised visits while he is tried and sentenced - am I within my rights to do so?

Some background: my sons father and I were never married. We currently do not have a custody agreement in writing. Just verbal agreement and my son sees his father one day a week (some weeks his father chooses to not see my son). I currently have offered his father to come visit our son but have expressed I am not comfortable with my son being with him overnight. As of this moment, it has not been said that my son is a victim however it is an open investigation and I was given the age range of 7-14 year olds and my son is 8.