California  |  Family Law

Legal Question

Asked on: 12/19/11, 5:45 pm

I have had sole physical and sole legal custody of my 13 yr old son for over 10 years. Can he father be granted joint physical in order to avoid child support.

2 Answer

Answered on: 12/20/11, 7:31 am by Arlene Kock

Determination of physical custody rests on the principle of what is in the child's best interests. If the only reason father wants greater parenting time share to evade paying more support, his request would be denied. However, if father is trying to develop a more enriched relationship with the child by an increase in timeshare, the judge would have to determine if this parenting change suits the child's needs.

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Law Offices of Arlene D .Kock APLC 2500 Old Crow Canyon Road Suite 214 San Ramon, CA 94583

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