Legal Question in Family Law in California

I have been divoced since our son was 2 years old. He is now 11. I have joint legal custody and 40% physical custody. I lived in the same house for 8 of the past 9 years. (I rented the house), which was approximately 15-20 minutes from our son's school Six months ago, I bought a new home and it is an additional 18-20 minutes further from my son's school. I provide the transportation of my son to and from school during my custody time. Now my ex says she is taking me to court to get more custody because our son is complaining about the longer drive to and from school (Total drive is 38 minutes). I believe this is actually an attempt to get more child support because she is divorcing her 4th husband and will have less money. (I was her 3rd husband). She is confiding her present marital problems to our son and also making him feel it is unfair to him to have the longer drive to and from school. Long story short: Do you think a mediator or judge would cut down my custody because our son dislikes having to be in the car a little longer? I thought it would have to be a change in the custodial environment, and I would think the fact that she is leaving the 4th husband is more of a change of our son's custodial environment. Your opinion will be appreciated. Thank you.


Asked on 3/31/11, 11:44 pm

1 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

Before considering the options of returning to court on a motion to address parenting issues, you may want to consider to go with your ex to a co parenting counselor to see if you can sort out these various problems.

If she is unwilling to work with you in a constructive way, then a motion to return to court and family court services mediation would seem to be in order.

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Answered on 4/01/11, 8:25 am


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