Legal Question in Family Law in California

Im am a full time custodial parent in California (my ex-husband lives in Nevada)I do have permission from my ex for our son to live with me in California. He does NOT pay child support. If I re-marry (and my new spouse makes a considerable amount more than me) can my ex-husband fight for custody of our 13yr old son (to go back to Nevada) and can he sue my new husband for child support??


Asked on 4/23/12, 3:48 pm

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

I am not clear on where the custody and support order was created. If the case is one controlled by the California courts, then support would not be based on income from your new husband. Your tax filling as a married couple may impact the support calculation but it is not a heavily weighted variable. Custody in California is based on the child's best interests. If the child has been in your custodial care and is doing well there, then the chances are remote that the child would be placed with father.

Read more
Answered on 4/23/12, 4:48 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California