Legal Question in Family Law in California

Re: Custody and support Issue

Changing custody is easier said than done. The father will need to show a material change in circumstances in order to succeed in changing custody.

The court is mandated to take the child's wishes into account when determining custody. There is no magic age. The court will look to the child's age and maturity when deciding how much weight to give to the child's wishes. The child's wish however, is not dispositive.

If you believe there is a problem with your daughter, you should sit down and discuss the problem and try to resolve the isues. Sometimes, the non-custodial parent will try to entice the child with promises of material goods and an easier "Disney-style" life.

You should, without your daughter knowing, keep an ongoing journal regarding the child and her interaction with dad, her school etc, etc. If her grades are bad, then you had better take measures to fix them. The court can be very concerned with a child's bad grades.

Finally, I strongly recommend that you retain an attorney to assist you if the father decides to proceed with his request to change custody.

Regards,

Damian Nolan

Re: Custody and support Issue

The court may change custody if there is a change of circumstances that shows that it would be in the child's best interest to live primarily with the other parent. Twelve is often the age when the child's desires become more of a factor. Does she want to live with her dad? If you suspect that she is having trouble discussing this issue with you I recommend some short term counseling. If the amount of time she spends with dad changes or your incomes have changed you may move to modify the child support. A computer program is used to calculate support. See the Family Law Facilitator at the court or an attorney to run the calculation and prepare the motion if it should be changed.

Reply: Custody and support Issue

In a general sense, you can ask for guideline child support now and not wait for him to file an action. In a general sense, you are entitled to a support calculation based upon the present circumstances.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site, including the calculation of guideline child support.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com