Any time that there is a disparity in the parties' earnings, the court can consider awarding attorney's fees to the lower earner.
As for the other questions, which you did not ask, the responsibility for travel related to visitation usually is shared, but sometimes falls completely on the shoulder of the parent who moved - especially if their move was done without discussion with the other parent or the court beforehand.
While is is possible that the court could order you to do all of the transportation, I do not see this as very likely.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.
No but she can always request attorneys fees. How old is your son and who does he want to live with?
You need to talk this over with an Attorney
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
No, you do not have an obligation to provide your ex with an attorney.
Answering this question does not create an attorney-client relationship. You should seek a full consultation with a licensed attorney before relying on any advice offered through this website
While I agree with the responses from the other attorneys, nevertheless your ability to take action is suspect. If your wife moved out of state for two years and you did nothing, and had no contact with your son, why are you now suddenly going to have the gumption to stand up at the plate and take action and pursue your legal rights? Hopefully retain legal counsel and do the same.
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