Legal Question in Family Law in California
My ex-wife is expecting her 2nd child (not mine). I�ve recently remarried and have 3 new step-children, one of which my 5 year old son is really attached to and he really loves his step-mother which he�s known for the past 4+ years. We currently share equal time with my son and have both joint custodies. I�ve had equal timeshare for the past 2+ years and didn�t request more time with my son once I remarried.
Will the birth of the new child be grounds for my ex-wife to start having our son more than 50% of the time?
1 Answer from Attorneys
It probably qualifies as a "changed circumstance" which would be grounds to request a review of custody of your son, but in the circumstances you describe, it doesn't sound like it would be any basis to up her time. If your son has not yet started kindergarten, switching from a day-care to a school schedule might be cause for a change, but just having half and step siblings in both houses would not seem to warrant a change.
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