Laguna Niguel, CA asked in Family Law for California

Q: my ex husband is remarried and wants to move to Texas with my 8 yr old son that we have 50/50 custody of. Can he do this

He also does not pay me any child support because during our divorce he was unemployed. He now makes a decent living. Can I revisit the child support issue in court so I can get the support I need for him? Again, we have 50/50 custody.

Related Topics:
1 Lawyer Answer
Gina Marie Famularo
Gina Marie Famularo
Answered
  • Corona, CA
  • Licensed in California

A: Certainly not easily. In order to be allowed to move to Texas with your child, he will have to request the court order a child custody evaluation and convince the child custody evaluator that it is in your son's best interest to leave his friends, his mother, his extended family, his house, and everything that your son knows to be uprooted to move to an unfamiliar state. The chances are slim to none. As for child support, the court can always review it. If Dad gets a job, he will need to pay support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.