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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a child custody questions, California san diego, no,

Customer Question

i have a child custody questions
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: California san diego
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: So, the father of my child is newly in the marines. We've not always gotten along , we have our ups and down but i try to keep it as civil as possible. Our child is 6yo now. He's never paid child support or helped me with anything and has always tried to keep custody 50/50. I expected at least when he was first gone for training almost 9mo that he would send me money and nothing. When he came back he was surprisingly nice to me. He asked if i could go to court with him and sign over 1 percent more to him making it 51-49 so he could get BAH. I had my reservations about this. I said no and he asked a few times. Eventually i set some conditions and he said he'd pay for child support since he'd have more money. He got the housing he never did anything he said he would do to help and when he left on a 6mo deployment he only send 200.00 dollars. He's done quite a few irresponsible things as well. Last night was my last straw. He was extremely drunk on his weekend with our child. Which is fine if he likes to drink then so be it but not at my childs expense. He was calling me drunk all night last till 1AM trying to talk while i sleep with my fiancé. His mom calls me this morning saying he left our son there and was up since 6AM waiting for his dad to pick him up from school. I was livid. My question is can i easily take that one percent back. He is trying to threaten me and i am just done. he reaped the benefits of the military which i don't believe he deserves.
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Yes, you may file a new motion with the court for a Modification of Child Custody and at the same time ask the court to award you child support. But no, it is not as easy as the two of you stipulating to the 1% change that you previously did. But it is not difficult either. You can do it without an attorney.

You will need to file the following form that asks for a change in the present custody order and for a new order for child support:

Here is the instruction sheet to help you fill out the FL-300:

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.


It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,