Legal Question in Family Law in California

Not necessarily. If that parent won't stipulate to a change of primary custody, the court will still look at what is in their best interest. What could happen, however, is that the support being paid by the non-custodial parent could go up.

BARRY BESSER

www.besserlaw.com

iT IS VERY UNLIKELY. THERE SHOULD BE MODIFICATION OF CHILD SUPPORT, BUT YOU WOULD NEED MANY MORE FACTS TO BE DEVELOPED TO DETERMINE THE BEST INTEREST OF THE CHILD. GOOD LUCK, PAT MCCRARY

Income has nothing to do with who gets custody. If the non-custodial parent has income and the custodial parent is out of work, unless there are other reasons to change custody, the solution the court will choose is to increase the non-custodial parent's child support payments. The custodial parent would have to (and should) file a motion to change support right away, because until that happens the court has no basis to make a change.