deefran said:
I have a question about this IAAL. If she has a support order for him to pay CS to her, doesn't that mean that the state considered her as the Custodial parent?
My response:
Now, that is an excellent question.
From a "logic" standpoint, one would think so because it stands to reason that the parent who is receiving CS, is also the one with legal custody. Makes sense. But, in California, that is not necessarily so.
A parent can receive CS in one of two different ways, and our writer gave us a clue to that answer:
1. One way is through court process; and,
2. The other is through a State agency.
She said, ". . . we verbally agreed for her to go and visit . . . " and, "my problem is neither one of us has ever filed for custody (not ever thinking that i needed to)." If there was a "verbal" agreement, that tells me that a custody/visitation schedule is not necessarily in place. But, her next sentence is, of course, dispositive on the issue.
The latter remark tells me she, more than probably applied through a State agency, rather than went to court. However, if she did go to court, it was probably "agreed" between them, for whatever reason, that she would not check the box on the form requesting "custody" - - opting only for "child support". But, something happened along the way, and after child support was in place, something changed his mind about custody - - perhaps this was his plan all along.
In California, if you don't check the box (i.e., if you don't ask), you don't get. Therefore, one issue does not necessarily go hand-in-hand with the other.
Again, a very, very good question !
IAAL
