Ontario, CA asked in Child Custody, Child Support and Family Law for California

Q: My 13 y/o son wants to move in with his dad but my 7 y/o wants to stay with me. I have full custody

The dad hasn't had any communication with the kids for 4 years and hasn’t paid a penny in child support and I don't want him to pay because all he does is give me grief. My son is very rebellious and all he says is he hates me and wants to live with his biological father. Is it possible for my daughter to live with me and my son to live with his real dad while having the dad have zero contact with my daughter? She doesn’t know the bio dad at all because she was so young when he stopped communicating. Would I have to pay child support to the bio dad for my son now living with him?

1 Lawyer Answer
Mike Darlington
Mike Darlington
Answered
  • Divorce Lawyer
  • Shingletown, CA
  • Licensed in California

A: You have so many issues here that this is almost impossible to respond to through this medium. My first recommendation is to sit down with a local family law attorney that does a lot of custody issues in your area. You really need an expert's analysis of your specific problem.

As to your questions, yes a court can, and does on occasion, split siblings. It is however, not the normal and takes a specific set of reasons for doing so. That is as to the son, as to the daughter it is normally unlikely that the court would order zero contact, but I do not know enough to say anything further.

Regarding child support, in theory, he would owe you child support for your daughter and you would owe him child support for the son. How that would work out in real numbers depends on the factors used to compute child support Guidelines.

You really need to get professional help right away.

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