Legal Question in Family Law in California

custody

I am the father that asked about custody issues. My 16 y.o. son has been with us for 1 1/2 yrs. I guess I didnt give all the pertinent information. We have gone to court to get his name changed, and were granted it, we are just waiting for the amendment from CDPH, vital records to prove it. I guess I really left alot out.

The fact is my son's grandma and I had a verbal agreement 10 years ago to pay 300 a month rather than 350. Since grandma has passed away, mom hasn't really wanted to care for or deal with her own son, which is the way he grew up, and mom only wants part-time custody now so we keep paying her. We did that anyways even though he lives with us, to protect him, and keep him here & safe. Last summer, mom saw him 3 times for a total of about 9 hours. We did not have anything to do with that fact. She was just too busy. Long story short, she filed for the $50 a month that she didnt get over the years. We have been paying her all along, whether he was with us or not, yet we got a bill from the county for $10,000 back child support, including interest. We will pay it, but that part is not what matters. My son matters, and I dont want her to take anymore of his life away than she already has. What can we do?


Asked on 3/27/09, 2:12 am

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: custody

If you prove to the county that your son was actually living with you, they can agree not to enforce the support order during that time. On a $10,000 issue, I'd say that merits an effort of $2-3000 in attorneys fees.

By take more of his life away, I don't know what you mean, she only saw him 3 times, are you saying she shouldn't see him at all? To do something like terminate her parental rights is a significant legal proceeding and he could well be 18 by the time you're done, so something like that is not worth it. If you want to have sole legal custody subject to limited visitation rights, that could be accomplished. And if you have to go in to fix the support, you may as well ask for all of this at the same time.

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Answered on 3/27/09, 11:38 am


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