Does the father stand a chance in child support and custody? 5 Answers as of July 13, 2011

I have sole legal and physical custody of my son. I divorced his father 7 yrs ago. He is now seeking alimony and 50/50 custody. He never attended one of the divorce hearings. Does he stand a chance in court?

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Law Office of Margaret D. Wilson
Law Office of Margaret D. Wilson | Margaret Wilson
A father always has a chance a receiving child support and custody. When going into new proceedings a party needs to look at whether the court terminated the other party's right to receive spousal support. Generally speaking, the court will not terminate the right to child support until the child is 18 years old. Spousal support is based on need. Usually if a long time has passed since the dissolution of marriage and the request for spousal support courts are reluctant to grant spousal support. In addition, even in long term marriages the courts will give a supported party a Gavron warning (see Marriage of Gavron) telling them they need to become self-supporting.
Answer Applies to: California
Replied: 7/12/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Child parenting ( custody) is determined from the standpoint of what is in the child's best interest. The courts want the child to have a good relationship with both parents. If father has been absent, then the likely first step by the court would be a gradual introduction of the father into the child's life. The child's adaptation to this visitation and parenting change with be the guide on how it develops Just because dad wants more time does not control what is in the best interests of the child. Spousal support and its payment is controlled by the income of the parties and the length of the marriage as well as other elements. Its in your best interest to consult with a family law attorney and discuss in detail the facts affecting your situation to determine the best way to protect your legal rights.
Answer Applies to: California
Replied: 7/12/2011
Law Office of Xochitl Anita Quezada
Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
If your ex hasn't seen your son in 7 years, I highly doubt he will get 50/50. He might get supervised or therapeutic visitation. If he complies and it goes well, he might eventually get overnight.
Answer Applies to: California
Replied: 7/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Whether or not your ex-husband stands a chance on his Order to Show Cause [OSC] for alimony and 50/50 custody depends on details particular to your situation and the divorce Judgment that was entered in your case. If the Judgment reserved jurisdiction on the issue of Spousal Support (alimony), and if you earn more than your ex-husband earns (or if he is unemployed) it is possible that your ex-husband could get an order requiring you to pay Spousal Support. I don't know the basis of your ex-husband's request for 50/50 child custody, since you didn't reveal that in your question, so I am unable to comment on his chances on that matter. You should at least consult an experienced Family Law Attorney regarding your ex-husband's OSC, and you would best retain an experienced Family Law Attorney to represent you in connection with that OSC as soon as possible.
Answer Applies to: California
Replied: 7/13/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you were divorced many years ago, spousal support is likely no longer an issue and the court ruled on that issue at that time. It is extremely unlikely a court would consider giving him spousal support or alimony as you refer to it. As to 50/50 custody, if the father has been out of the picture for 7 years with little or no contact with the child he will have a difficult time being able to convince the court he should receive 50-50 physical custody. Your children are too important to gamble with. You should immediately contact a family law firm for guidance.
Answer Applies to: California
Replied: 7/12/2011
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