San Jose, CA asked in Child Custody for California

Q: HI I live in CA and was wondering if I move 44 miles away from my current location who is responsible for pickup/drop?

Also if I am married and my ex is not, how would child support be calculated? Would my current husbands income also be used? And if my son is on my current husbands health insurance, do we always get to claim him on taxes? or do we need to have him more than 50% of the time, which we also do, but I just wanted to make sure.

Just some back ground info: My son is 8 and lives part-time with his father and his gf in a one bedroom apt where my son sleeps on the couch. My husband and I are buying a house 44 miles away where he will have his own room, but will also have to switch schools. His dad currently has him Friday and every other Sat till school drop off Tue and I pick him up from school on Tue from school and have him till Friday and every other Sat. Would a judge find in my favor to grant me custody M-F so that he may attend school in my new neighborhood since he actually has a bedroom at my house?

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1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Divorce Lawyer
  • New York, NY
  • Licensed in California

A: Child support considers the income of the parents, including of their partners in cases such as yours. As for the move-away, the other parent may object if it interferes with reasonable visits/ custody. You may want to file a motion to acquire a judicial order modifying the structure of such custody/ visits so that there are less concerns about this later. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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