Legal Question in Family Law in California

I have had primary physical custody of my two children for approx 2 years with no child support. Recently I had to file for public assistance and the county required filing for a child support order. Now due to the process my ex is threatening to take me to court to modify custody. THey are well taken care of, doing well in school, involved in extra curricular activites, and has a friend base. My ex lives with her boyfriend and is unemployed. Does the precident established with the kids and their being established in my home and community carry any weight in determining a change? I have no criminal record, am gainfully employed, prior military, and an engaged father.


Asked on 1/13/11, 12:27 pm

1 Answer from Attorneys
Betty Freeman Law Offices of Betty w. Freeman

change of custody requires a showing of significant change of circumstances in the lifes of the parents. You don't say why you had to apply for assistance, but if you are ill or disabled, the court may consider those facts. Otherwise, it sounds like you should be in good shape to keep custody of the kids status quo and also to collect support from the other parent. good luck.

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Answered on 1/18/11, 1:01 pm


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