What to do if we have done everything out of court 50/50 with our son but I want to change things in my son’s best interests?

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What to do if we have done everything out of court 50/50 with our son but I want to change things in my son’s best interests?

I have recently found out his father is smoking pot in front of our 3.5 year old. Is sharing a room at his parents house with himself his girlfriend and our son. Our son has always been on my benefits because his father doesn’t want him on his to receive less on his paychecks. I no longer believe 50/50 is good for my son’s situation at his dad’s house. Also, because of lack of splitting medical bills down the middle, I want to claim him every year instead of doing alternate which we originally agreed to. Obviously his dad disagrees but I want what’s best for my child. I’m wondering if it would be possible to change what we have been doing considering the circumstances?

Asked on December 18, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggets that you consult with a family law attorney about the concerns that you have where your son's father is smoking controlled substances in front of the minor as well as other issues to see what is the best legal recourse to do. Possibly a stipulation to change the amount of custody can be presented to the father and if he is not agreeable to the terms then a filing with the court may be necessary.


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