Legal Question in Family Law in California

Child Custody

I have sole physical custody of my 14 year old son and until two months ago, lived three hours from his biological father. Due to a job transfer, we are now living in the same town my son's father lives in. We will be moving 15 miles away when our home is built. I have been liberal with my son's visitation with his father and have agreed to allow him to spend 40% of the time with him. Now that we are living in the same proximity, my ex-husband has been coaching my son and buying his affection in order to have my son live with him. He is currently in the arrears for child support (six months) and has been consistently behind. He has changed jobs 8 times in the past two years and recently sold his house to rent a home in the school district my son is currently attending. My son knows we are moving to a new home in a better area and he will be changing schools and does not want to move with me and his other siblings. His father has expressed that he is going to file for custody. I do not feel it is in my son's best interest to live full time with his father, however, I feel it is important for him to spend signifant quality time with his other family. Because of his age, will a judge make a ruling based on my son's desire?


Asked on 4/07/06, 7:10 pm

2 Answers from Attorneys
KATHIE SIMMONS KATHIE SIMMONS

Re: Child Custody

Modification of custody is supposed to be based upon a change of circumstances but the move is probably enough to clear that hurdle. After that the best interest of the child is the standard. Presuming that the father is capable of caring for the boy then his opinion will be considered. You may want to engage in some family counseling to help your son deal with this powerful new role. Rather than accusing the Father of attempting to buy son's affection you could ask him to pay for half of the cost and participate in the counseling. Alternately, you could file a motion for modification of the visitation and you will be sent to mediation. You can also go after the arrears while your there. there would be a lot less bribery going on if he were paying his child support.

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Answered on 4/07/06, 8:04 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Child Custody

Sounds to me like the coaching is in fact parental alienation syndrome! What happened to the proceeds of the home sale? Have you been to Court to enforce the arrears owed? There are too many issues here to be discussed on this forum. If you are in Southern California you may call me for a free consultation.

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Answered on 4/11/06, 2:25 pm


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