Legal Question in Family Law in California
Changing Custody Status
My sons (9 yrs. old) father and I have joint custody.(we never married) Almost 1 yr. ago he and his family moved out of state. He stopped paying child support and contact with my son. Should I file for full custody? Or, my husband wants to adopt him. My son doesn't even care that his dad isn't in contact with him. He tells me he wishes my husband was his dad. Which avenue would be the best way to go? I don't think he (the dad) would fight it. Also, should I sue for back child support? Thanks for any info you can give me!
1 Answer from Attorneys
Re: Changing Custody Status
A tatic that often works in cases similar to this is for you to agree to waive past child support if he will give up his parental rights and allow your husband to adopt your son. If he is not willing to agree to these terms then you can request that child support be modified and pursue collection of the past due and current child support.