My ex-wife is expecting her second child, will she get more time with our son? 7 Answers as of January 30, 2012
My ex-wife is expecting her second child (not mine). I’ve recently remarried and have 3 new step-children, one of which my 5 year old son is really attached to and he really loves his step-mother which he’s known for the past 4+ years. We currently share equal time with my son and have both joint custody. I’ve had equal timeshare for the past 2+ years and didn’t request more time with my son once I remarried.Will the birth of the new child be grounds for my ex-wife to start having our son more than 50% of the time? If so, how can I best prevent this?
Free Case Evaluation by a Local Lawyer!
Enter Zipcode or for Immediate Assistance call (888) 428-7281
Have a general legal question? Click hereAsk a Local Attorney. 100% Anonymous. Free Answers.
Or for Immediate Assistance call (888) 428-7281
Free Case Evaluation by a Local Lawyer: Click hereLaw Offices of Frances Headley | Frances Headley
The facts that you describe do not normally constitute ones that qualify as a "change of circumstance" that would warrant the court granting any change in the custody and visitation arrangement. You should fully discuss all of the relevant facts with a family law attorney to assess how best you should proceed.
Answer Applies to: California
Replied: 1/30/2012
Law Offices of Arlene D. Kock | Arlene D. Kock
A new child added to your ex wife's family by itself would not justify changing the shared parenting arrangement you currently have with your son.
Answer Applies to: California
Replied: 1/30/2012
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. The birth of your ex-wife's second child should not affect the 50/50 custody arrangement regarding your son.
Answer Applies to: California
Replied: 1/28/2012
Walnut Creek Family Law Center, Inc. | Merritt L. Weisinger
One thing has nothing to do with another. It should not change the time share. What it can do is to affect child support to some extent because she will get half a hardship in the Dissomaster computation.
Answer Applies to: California
Replied: 1/27/2012
McCallum & McCallum | Barbara Eiland McCallum
Probably not more time; however, she could request more child support based on the second child being either a hardship if she is not re-married. You, however, if this occurs, you can claim a hardship for your 3 stepchildren. If she is remarried and gets another divorce and obtains child support from the 2nd father, the child support programs try to equalize the child support so each child receives the same amount. Sometimes this lowers child support or if the other father is well to do, raises it. Or, the issue may never come up. I can't think of any reason having a child would be the basis of having the 1st child any more time.
Answer Applies to: California
Replied: 1/27/2012
Diefer Law Group, P.C. | Abel Fernandez
I don't believe at this point that her time would increase do to the new birth.
Answer Applies to: California
Replied: 1/27/2012
Peyton and Associates | Barbara Peyton
Not necessarily. In fact it might be a basis to reduce the time because of the energy and time a new baby takes on a mom.
Answer Applies to: California
Replied: 1/27/2012





