Legal Question in Family Law in California

Kids Father joing navy.

My sons father is joining the navy. we have joint legal and shared physical. i was wondering if that changes or can change when he leaves for bootcamp and deployed? he has every other weekend. he hasnt told me that he joined, but unfortunately for him i did find out. i think that makes it worse. do i need to take the custody order back to a mediator? if he gets married to another woman does he have different rights?


Asked on 4/22/09, 12:00 am

1 Answer from Attorneys

Colin Greene Russakow, Greene & Tan, LLP

Re: Kids Father joing navy.

It sounds like he won't be able to actually do the every other weekend. That factually reduces his timeshare which has the effect of increasing child support, everything else being equal (but is his income going up or down?), so you could consider seeking a modification of child support. On custody/visitation, I don't know that I would bother with changing the order, I'd probably wait until he's out. Joint legal means sharing decision making and I have represented a number of people in the military and even deployed they still communicate with me via email, so I assume you can do the same. On the physical custody, the two of you need to try to agree on whatever adjustment are necessary as he goes through training, gets his assignment and all. I don't know that I'd go back to the mediator because he's just simply going to be limited in what he can do and as long as he informs you about what he can do, I'd leave it at that until he's done. A new marriage doesn't change his rights but it is a factual change that may or may not mean a change in custody/visitation/support is appropriate.

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Answered on 4/22/09, 10:49 am


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