Legal Question in Family Law in California
I am a father from califronia who has been taking care of my (9 yr old son) since he was 1. He lives with me and i pay for his private schooling, football and etc. His mother doesnt help with anything and barely comes to see him. She now feels that she wants him to come live with her. I do not agree on here living arrangements or area. Recently, my situation has changed. My son and I have moved in with my parents, where he does have his own room and still attends the same school but I am nervous about taking her to court because i lost my home in foreclosure due to recent layoff but I am now back actively working. I work as a welder for the railroad and are gone for months at a time while my parents help with my son while I am away at work. I have heard because I am gone for work alot that the mother might get full custody and i will have to pay child support to her. What can i do to keep my son?
1 Answer from Attorneys
It appears you have established a long term custody schedule for your son. I would petition the court for full custody of the child so you can resolve those issues without wondering what will happen. At the same time I would ask for child support so your wife can finally help with raising your child, instead of the burden being completely on your shoulders. One of the big factors in a custody determination is the stability of the home life. I would imagine your stability you provided will be a benefit to you in your custody determination.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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