Legal Question in Family Law in California
Custody fifty-fifty ex-wife leaving
Custody and visitation is 50/50 I pay my ex-wife
$300.00 per month child support. My daughter is ten
years old, my ex-wife just moved to Hawaii leaving my
dauther with me. Will the court allow my child to make
her own decision as who she would like to live with at
the age of 12, even though my ex-wife pretty much
moved out of my daughter's life. It does'nt seem fair
that my daughters life should be disrupted whenever
her mom decided to pop in and out of her life. As for
the $300.00 in support do I just have to file to stop
that and does my ex-wife have to be served to stop the
current sup
2 Answers from Attorneys
Re: Custody fifty-fifty ex-wife leaving
The personal wishes of your daughter is something the court is supposed to take into consideration but it is not the deciding factor. As far as the payment of support, that will continue until you get a court order modifying it.
Re: Custody fifty-fifty ex-wife leaving
You should obtain an order either from the court or by stipulation of the parties (you and your ex) for change of custody based on change of circumstances. Further, since you have custody of the minor child you may not have to pay her any support (depending on your income and her income)and should have the support order modified immediately. You will need to file a motion for modification of child support ( suggested only if dissomaster showing the support order should be less or mother owes you support based on change of custody) and custody. You will also need to serve the mother with the motion unless both of you can reach a stipulation for change of custody and support without a court hearing. If you need an attorney you may contact my office at 310-839-7700. NINA N. GOHARI, ESQ.
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