support since he left me and the state is getting $50.00 every pay check but my daughter and I see none of that because He is 12 +months behind! Can he take her from me sinc I and My family are her only support?
2006-10-28 11:29:34 · 7 answers · asked by Audrey W 2 in Family & Relationships ➔ Marriage & Divorce
Why is the state not sending the support money to you? That is something you should look into right away. If he cant pay child support...50.00 per paycheck is very small...how can he afford to go to court, explain why youre not getting any help from him and come up with something to take the child away from you? There must be more to the scenario youve left out. If your child is getting good care and there are no drugs, alcohol, bad environment to endanger your child, the courts would not remove your child in that case. Really, find out why the state is not paying you...maybe its going to some other child??? who knows!!! Worry about his threats when you get a court order to appear. Good luck.
2006-10-28 11:36:54 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Legally no. As long as your final divorce decree gives you custody of her, there is nothing legally that gives him any right to take her without first challenging you back in court and gettingb the original judgement overturned. If he does he will be charged with parental kidnapping. Since he is in arrearage with his support, he has no rights as far as the courts are concerned. Once awarded to you, the courts dont care how you go about providing support for her as long as you provide a safe and secure environment for her to grow up in. If hes behind in support, the courts should be temporary blocking his visitation rights soon.
2006-10-28 11:40:41 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
If you are a good mother then what he is saying is just a threat. They don't take kids from good moms. So next time he says that to u then tell him good luck cuz he'll need it. Don't worry I have seen moms hit their children and the state doesn't take them.If he says he is going to lie and say u are a bad mom then just get it on tape or video.That will take care of that problem.
2006-10-28 11:43:49 · answer #3 · answered by sweet_thing_kay04 6 · 0⤊ 0⤋
Consider it just that..."a threat". He is trying to intimidate you with his scare tactics. I would consult legal aid, or if you already have a good attorney; speak with them. Usually custody and visitation are in one court, and another court oversees child support. Your best bet is to get legal advice in the state you reside in. Good luck!
2006-10-28 11:35:58 · answer #4 · answered by ~ L ~ 2 · 0⤊ 0⤋
I doubt it, if he hasn't even seen her or paid child support I doubt the court would award him sole custody, he might be awarded visitation or even joint custody but I doubt he could take her without proving you are an unfit mother.
2006-10-28 11:37:52 · answer #5 · answered by hargonagain 4 · 0⤊ 0⤋
unknown.... I'd seek out an attorney.
2006-10-28 11:32:11 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you'll have to call your lawyer about it.
2006-10-28 11:32:47 · answer #7 · answered by superboredom 6 · 0⤊ 1⤋