Legal Question in Family Law in California
child custody
I am in the process of a separtion and divorce, I have two small children ages 5 and 19 months. My soon to be ex has figured out that if he takes the kids for at least 40% of the time he will not have to pay as much child support. I believe he is not acting in good faith and his motive is not in the best interest of the children. I on the other hand would consider a reduction in the required child support to gain full custody with vistation rights for the father. Is there any mechanism or case law which allows me to fight this?
2 Answers from Attorneys
Re: child custody
the only thing you can do is ask for as much time with the kids as you can. if you were to move a little further away the effect might be to effectively reduce the amount of visitation.
Re: child custody
Visitation is based on a number of factors. The best interests of the children is one of the major considerations. The age of the children is a factor that should would be considered in determining visitation. The amount of involvement he has had with the children is another factor that will be considered by the court.
Also time will probably be in your favor. If dad has not been involved in the care of the children, he will be surprised at the amount of time and work is required for their care.
You should inquire as to the arrangements he has made for the care of the children when they are under his care. If you are a stay at home mom you can argue that the children should be in your care and not the care of a non-parent.
With additional information additional issues may come to light.
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