Legal Question in Family Law in California

Custody & visitation modification(please help)

I recently requested a 1st time modification for child support(I have been divorced for 5 years). My ex was very upset about this(he just bought a $500,000 townhouse. I was unaware of that fact). He currently pays $400.00 per month for 3 children. He has them 36% of the time. We live in Silicon Valley & it is extremely expensive here. I work around my childrens school schedule & my ex has them every weekend. Anyways he is requesting a modification for custody. He wants 50/50. He also requested an order to stop me from moving to Sacramento(it is so much cheaper there). I can not afford an attorney but need help/advice desperatley. It is hard enough not having my children on the weekends I can not imagine losing any more time with them. I am also afraid if the judge allows this I will have to go on public assistance. PLEASE IF ANYONE COULD GIVE ME SOME ADVICE on what I should do I would be so very greatful. Thank you.


Asked on 6/07/01, 1:36 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Custody & visitation modification(please help)

The district attorney's office family support division should provide assistance in obtaining child support based on current California law.

After determining the statutory child support, you could offer to take less support if he will agree to allow you to move to Sacramento. He may be willing to agree to such an arrangement.

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Answered on 6/28/01, 12:11 am
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Custody & visitation modification(please help)

You did not mention the his income/your income. If there is a sufficient disparity, the court will order him to pay your attorney. You will need to come up with some money for an initial retainer. You will also want to retain a certified family law specialist.

Courts vary in considering what percentage of visitation negates the characterization of one parent as "custodial". In San Diego, where I am, it seems to be 61% or more. If you are "custodial parent", the Burgess case could apply and you would be allowed to move.

The DA will take a year to deal with the money issues and will not deal at all with the move away issue.

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Answered on 6/28/01, 11:29 am


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