Legal Question in Family Law in California
Father has child full time but mom has legal custody/pays no support
My step son has lived full time with my husband and myself for 7 years now (he is 12). The mother does not work and also still has full legal custody of my step son. She has never paid a cent of child support and sees him maybe 6 days each month. About how much money should we start putting aside to pay for the legal paperwork to file for custody/what's the usual cost involved in California? Also, will we have a right to child support since she does not hold a job (she is a stay at home mom w/husband and 4 children). Do we need to get hire a lawyer to pursue this or can we go directly to the court to file on our own? Thanks!
2 Answers from Attorneys
Re: Father has child full time but mom has legal custody/pays no support
This is an unfortunate situation. My office handles family law cases very similar to this quite often. I would be happy to help your husband start the process. In legal terms it is a relatively inexpensive legal process. Please call my 24/7 voice service to schedule an appointment. 619.866.3535
Re: Father has child full time but mom has legal custody/pays no support
You should file a motion for a change in the custody order so that it complies with the actual circumstances. Before you start the process gather his school records and a list of witnesses that that testify that he has been living with you for the past 7 years. You will want to get a temporary order giving dad custody pending a hearing. The attorney fee would probably start at about $2,500 and go up rapidly if she contests the change of custody.
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