Legal Question in Family Law in California

My sons father has not been in the picture since 9/12/12. He has not had any contact and my son doesnt know him. I filed modification for child support and it is at 0% so the amount has doubled. We tried to come to an agreement but it didnt happen. He started saying that i was keeping my son from him which is completely untrue. Court for modification of child support is in 2 weeks. Since the amount has doubled he wants to start picking up my son through our court orders. Our court orders state every wed and thurs of everyweek. My son cannot go by this anymore because he has school now and afterschool services that help with his autism. I had told his father that he can pick him up on the weekends and he agreed. Now i do not have a good feeling that he is going to follow through in bringing him back and that he is only picking him up until court is settled. Can i legally keep my son from seeing him until we modify the custody?


Asked on 9/26/14, 9:46 am

1 Answer from Attorneys
Michael Hulshof Michael Hulshof

No. You have current orders in place. The fact that neither party has followed them for over two years will come into effect. That being said he can bring the court orders to the cops to come pick up the child. Just like you can. Now we often see this as legal practitioners where parents get involved in order to reduce child support. Child Support is based upon actual physical visitation with the child, not what the orders stats. That being said keep a journal of the very limited times he saw the child. You will look substantially more credible.

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Answered on 10/21/14, 11:01 am


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