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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22338
Experience:  General practice of law with emphasis in family law.
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I live in California. Share 50/50 custody with my ex. Two children

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I live in California. Share 50/50 custody with my ex. Two children 17 and 12 years old. Problem: Ex got divorced from second wife, and thrown out in July, 2013. He has been unemployed for 18 months, and is a college graduate. He is now living with a friend, in his friend's illegally converted two car garage, no permits pulled that I know of and not to code). He is taking our children there to live every other week. They have no bedroom, nowhere to put their things and need to even take bedding with them to stay, (pillows, blankets ect...). Older girl sleeps on sofa in the house and younger sleeps with her dad and 6 year old half brother. I pay him child support since December 2012. I need to take him back to court to modify custody. This is crazy! Will I win? Or will I loose and end up paying him more child support? How could a court judge rule that these living conditions are okay for my kids?!!!
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello and welcome

My name is XXXXX XXXXX I look forward to providing you information in this regard.

These living conditions do not sound conducive or healthy. Please tell me what have your children said about these arrangements?
Customer: replied 1 year ago.

The kids love their dad... they like to be with him. I'm not trying to take them away from him, I just do not want them staying overnight in these conditions. He needs to get his life together!

Expert:  Samuel II replied 1 year ago.
Hello

Ok. I was asking because if they are uncomfortable in those conditions, you could request the court to interview them in private to get their feelings on it and that would help your case

But if they are comfortable with it all, then your chances of having it modified are decreased. But that is not to say it cannot happen.

I suggest you can file a Modification in visitation and state that you feel it is unhealthy for the kids to be in that environment.

The Father, however, can also request the court interview the kids to see how they feel about it.

You can request a Modification that simply changes the overnights, and have them visit on a Saturday and/or Sunday until he gets it together.
Customer: replied 1 year ago.

Would the judge discontinue the child support?

Expert:  Samuel II replied 1 year ago.
Hello

It may be reduced and even temporarily eliminated if it goes from the joint custody to visitations

But you do not, I suggest, You do not want that to be the motivation for your request.
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 22338
Experience: General practice of law with emphasis in family law.
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Samuel II
Samuel II
Family Lawyer
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General practice of law with emphasis in family law.