My question involves a child custody case from the State of: CALIFORNIA
Mother sole physical custody. Joint legal custody. Mother has had 85% custody for the last year. Father has not had more than 20% custody since divorce (about 4 years). Father has missed 6 visitations within the last year. Father has not paid child support for one year. Father pays for child's medical insurance.
Mother requested reduction in visitation in lieu of paying child support. This was due to father's second wife harassing mother. Mother needed to retain an attorney. Attorney had grounds to file a Civil Harassment Restraining Order against Father's second wife. Mother requested attorney to send letter warning if harassment continued the restraining order would be filed. Mother felt in the best interest and safety of the child reduced visitation and not having them pay child support would minimize further issues and avoid court. Father agreed to reduced visitation because he did not want to pay child support. Harassment has significantly reduced although not completely gone.
Mother would like to request child support due to needs of child increasing (i.e. tutoring, sports, school activities and cost of living increases particularly in housing costs). Father threatened to seek 50/50 custody to avoid paying child support. Father makes twice the amount of money as mother. Has one other child from second marriage. Daughter is established in her routine and extracurricular activities. She has not spent more than every other weekend with father for the last four years. Many weekends are spent with father's parents. Father lives 15 miles away. Mother lives around the corner from school.
It seems California courts are moving towards 50/50; however, how likely will it happen given some of these factors?
Mother sole physical custody. Joint legal custody. Mother has had 85% custody for the last year. Father has not had more than 20% custody since divorce (about 4 years). Father has missed 6 visitations within the last year. Father has not paid child support for one year. Father pays for child's medical insurance.
Mother requested reduction in visitation in lieu of paying child support. This was due to father's second wife harassing mother. Mother needed to retain an attorney. Attorney had grounds to file a Civil Harassment Restraining Order against Father's second wife. Mother requested attorney to send letter warning if harassment continued the restraining order would be filed. Mother felt in the best interest and safety of the child reduced visitation and not having them pay child support would minimize further issues and avoid court. Father agreed to reduced visitation because he did not want to pay child support. Harassment has significantly reduced although not completely gone.
Mother would like to request child support due to needs of child increasing (i.e. tutoring, sports, school activities and cost of living increases particularly in housing costs). Father threatened to seek 50/50 custody to avoid paying child support. Father makes twice the amount of money as mother. Has one other child from second marriage. Daughter is established in her routine and extracurricular activities. She has not spent more than every other weekend with father for the last four years. Many weekends are spent with father's parents. Father lives 15 miles away. Mother lives around the corner from school.
It seems California courts are moving towards 50/50; however, how likely will it happen given some of these factors?
Custody and Visitation Issues: Likelihood of 50/50 Custody After About 4 Years of 80/20
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