What are my chances of getting a change in custody?

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What are my chances of getting a change in custody?

My ex-wife lives in another town, so during the school year she has our son every other weekend. The court order says if she moves back to town that she can have him every other week. She hasn’t moved back but she is trying to make my son stay in a travel trailer on a friend’s property and say that is her residence. Can she do that? Can she call that her residence? Will a judge re look at my custody and for changes? Our son is 14.

Asked on September 4, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

A person only has one primary residence.  If she has a residence out of town, and is just trying to pull-one-over on the court she could be held in contempt for violating the court order. 

If you simply want the order to be enforced as it is and you think she is violating it---then you don't want a change in custody but want to ask the court to find her in contempt of it.  File a request for contempt (Order to Show Cause and Affidavit for Contempt FL-410) and any supporting documents.

If you don't like the court order, especially in light of her current behavior, then you can file an order to show cause to modify the existing custody order and ask for more custodial time.

If you are in the ventura county area, feel free to contact me.


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