Legal Question in Family Law in California
What are my chances?
I have a three year old little boy in CA. I live in Florida. The court awarded his mother sole physical and legal custody before the DNA test had come back. For the past three years I have paid child support and sent the child many gifts. My little boy and I have also had webcam visits. His mother flew him to Florida to visit last year and I got to spend two days with her and my son. Since then, his mother and I have had a falling out and she won't let me have any contact with my son. I am going to retain an attorney soon and want to know what my chances are of getting joint custody? Ideally, I would like to have my son for the summers (3 months). I am willing to pay his mother half of childcare expenses plus 100 dollars a month for living expenses for the nine months he is with her. What are my chances of the court granting this to me? Also, his mother and I have said many things to each other out of anger. Will this have any bearing on what the judge decides? Also, I would like summer visits to begin next year, he will be four then. Will his age play a part in this also? Mostly, overall what are my chances?
2 Answers from Attorneys
Re: What are my chances?
Your chances of getting visitation are quite good. However, three is very for a child to be away from the primary care taker, mom. at one time. In general visitation with a three year old are of short duration and often.
As for child support unless mom earns considerably more money than you do your support is likely to be several hundred dollars per month plus one half of child care, and one half of uninsured medical costs.
Re: What are my chances?
Yes, you have a good chance of getting visitation. (I just got summer visits for a client in Hawaii and their children are 6 and 4.)
Most likely the judge won't consider that things you said to each other in anger. Depends on what was said and how it is handled in court, however. I highly recommend an attorney in this matter based on the facts.
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