Legal Question in Family Law in California

my ex wife has custody of my 11 year old child and i have custody of my 16 year old. i am paying child support and it is being garnished out of my wages. they both now choose to live with me. how do i get the child support and custody changed. and can she legally take the child that is suppose to be with her. i am in the miltary and stationed in california and she resides in yuma. what do i need to do.


Asked on 11/04/10, 8:13 pm

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

You need to file a motion to modify both the custody and the support. I don't understand the question "Can she legally take the child that is suppose to be with her"? She can take the child consistent with the current court order. I would suggest that you retain an family law attorney who practices in the county of the court of the current court order. Good Luck, Pat McCrary

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Answered on 11/10/10, 7:25 am

You have to go back to the court that issued the existing order and get it modified. Also, if the original order was in California and she did not get an order allowing her to move to AZ, she is in contempt of court.

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Answered on 11/11/10, 3:36 pm


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