Q: Mom ordered sole legal/physical custody from her first husband, then files second action with 2nd husband for support..
Mother and father No 1. had child No 1. Mother files action and is awarded sole child custody and support. Mother has a 2nd child with father No 2. And Mother . Then Mother files an action on father No 2. for child custody and support of both child No 1 and Child No 2.
What are the available options available to father No.2 ?
A:
In California, Father No. 2 has several options in response to a child custody and support action filed by the mother. First, he can respond to the custody action by filing his own petition for custody and visitation rights. California law prioritizes the best interest of the child, which includes maintaining a healthy and stable relationship with both parents, unless there are issues like abuse or neglect.
Regarding child support, California uses a statewide formula to calculate support obligations, which considers both parents' incomes, custody arrangement, and other factors. Father No. 2 can present information about his income, expenses, and other relevant financial details to ensure the calculation is fair and accurate.
If Father No. 2 disagrees with the initial custody or support decision, he has the right to request a modification of the orders. This is often done by demonstrating a significant change in circumstances since the original order was made.
It's also important for him to understand that the custody and support of Child No. 1 from the mother's first marriage does not directly impact his obligations or rights regarding Child No. 2, except possibly in the calculation of child support, where the existence of other children supported by the father can be a factor.
Finally, seeking advice and representation from a family law attorney can be beneficial to navigate the complexities of child custody and support proceedings. An attorney can provide guidance tailored to his specific situation, ensuring his rights and interests are well-represented in court.
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.
