HOW CAN I CHANGE CUSTODY AND SUPPORT FOR MY 13-YEAR OLD SON

QUESTION: How can I change child custody and stop child support? My 13 year old son, who lives with his mother, would like to come live with my new wife and me. I was wondering if you could tell me the steps I need to take to change the custody order and stop child support.

MY RESPONSE: You would best retain an experienced Family Law Attorney to represent you if you are seeking to modify child custody to get custody of your 13-year old son and modify child support.

The Court may or may not consider your son's wishes, and there are factors specific to your and your ex-wife's relationships with your son and each other beyond your son's wishes that will likely need to be presented to the Court in order to persuade the Court to change custody.

Child Support is based on each parent's income and the parental timeshare of the parties, and lacking specifics on those (and lacking the Court's decision as to custody), I can't guess what the Court's Child Support order might be if you received your son's custody, because your ex-wife would get SOME custody or visitation (i.e., her relationship and contact with your son won't be totally terminated), and I don't know what you earn and what she earns, but if you get primary custody, one party will likely be ordered to pay SOME child support to the other - and if your income is substantially higher than your ex-wife's income, you could still have a Child Support obligation in SOME amount to your ex-wife after you receive primary custody of your son.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |