Legal Question in Family Law in California

I don't know what your issues are with sharing custody of your son 50/50, because you obviously didn't have any issues with leaving your son with his dad for an extended period. I am not saying you did anything wrong, but to complain now seems to put you in the light of just wanting more custody because you need the money. You can look at it from both sides.

To say in front of your son, basically, that his dad just doesn't really love him but just wants to avoid paying child support is really hurtful to your son, so please don't say things like this in front of him to other people. I see moms do that too often. I think many times fathers (and mothers) don't realize that dads have much more to contribute than a paycheck. Maybe your son's father has come to realize this and just wants to share in his life because he loves him.

As far as the courts are concerned, the whole case boils down to what is in the best interests of your son. Studies have found that both parents being involved in a child's life is what is in their best interest. Would that really be a bad thing for your son to have both of you equally sharing in his life? I know you would miss your son, but you can try to work with dad to figure out something without leaving it to a judge to decide for you. You can both do a dinner or two during the week and phone calls on the weeks that visitation is with the other parent. Whatever changes you make, make sure that the court reviews and issues a court order - don't just agree between the two of you.

I agree with Ms. Ellifritz that it will be difficult for you to now say that you do not believe your ex should have 50% custody when you left your child with him. If you do not want your ex to have 50% custody, you will have to explain to the Court why you do not feel this is in your son's interest and the Court will not want to hear it's because of child support.

With regard to child support, just because your ex has 50% custody does not mean that you will not receive support. You can go to www.childsup.ca.gov to see based on your current incomes and timeshare what child support should be.