My sixteen year old whom i have shared custody of wants me to have full custody. how can i do this w/o an atty

Question

we agreeded to have shared custody and with her spending half of the month with him and half with me. And he was to also pay child support of 300 dollars a month. And to also to be able to claim her every other year on our income taxes. In the three years since he has remarried a woman with 2 children. she abuses our child mentally and physically. My daughter does not feel safe staying with her farther being that he does not protect her from this woman flipping out on her. she has lived with me for the past year and my ex is not allowed to spend anytime alone with her per his new wife. He still pays the childsupport, and I pay for everything else which was to be shared. and it is his year to claim her. He makes tripple the imcome that i do. In the past year I have gone through all of my savings and have max out my credit. I requested from him for me to be able to claim her. So that I would me able to buy her an car. His reply,no. Please help. And how do I do an discovery4^support

Answer 1

I'm not gonna lie... I think the best route here is an attorney. If you were to take him to court on your own, without knowing the laws, etc... he would just hire an attorney and bash you in court.

I'm sorry to hear about your situation... that really sucks.

One good thing... with your child being 16.. it's her decision to live with whom she wants. The court will take her desire to live with you into account, and will most likely side with her.

Answer 2

Get an attorney. If you can't afford one...
There are agencies designed to help women in your circumstances. Call them for help asap. If your not sure where to start, check on line or call a reputable attorney's office in your area and tell them that you are having custody problems and ask if there are any agencies that can help you.
For now, keep everything. Every receipt for eveything you purchase for your daughter. It doesn't matter if it's clothes, school supplies, or gifts. You need to start a file. Keep all of these receipts, receipts from doctor's and dentists visits, and anything else you can that proves what you are paying for. Also get written, notarized letters from everyone you can think of that prove your daughter lives with you. Proving this will be crucial. He cannot, legally claim her on his taxes unless she physically lives with him at least half of the year. A good lawyer can nip this problem real quick. When a judge finds out what is going on...they'll probably stick it to him good. They'll probably make him pay restitution and increase his child support payments. You need to document anything that is related to the abuse. Was it reported? It should be. Your daughter is old enough by law to choose where she lives as long as that home is stable and can provide for her health and safety. If you have a job, a home, and are taking care of her...and can prove it...you'll be o.k. Be prepared for it to get ugly. Make sure you are living a clean life so that nothing will come back to mess this up for you.
If this stepmother truly doesn't want your daughter around, she may pressure the ex to just sign over your daughter at the first wiff of a lawyer. You may have to consider compromising if you want it done quickly and quietly. You might have to settle for the child support you are getting and lose out on him paying for anything else and have him release his hold on the income tax situation. There is still time to stop him from getting that claim if you hurry. What ever you do, don't just take his word for anything. Get it in writing through a lawyer and filed in the courts. Protect yourself and your daughter.

Answer 3

Let your ex know that your daughter doesn't want to go over there anymore. She's old enough to choose which parent she wants to live w/.
And as for the claiming her on your taxes, you need to be more responsible w/your money. How are you going to blow your savings & max out your credit cards. If I was your ex I'd tell you that you were S.O.L. You've know that it's his year to claim her & he pays his child support, so he has the right to claim her. What are you doing w/the child support money your ex is paying you, you should save it & get your daughter a car w/that.

Answer 4

YOu must get the terms of custody changed in your settlement papers, and unfortunately, that requires an attorney. If it is just allowed to slide, you daughter doesn't need to spend time with her dad if she doesn't want to, in effect giving you full custody. If you want more $$ for child support, unfortunately, that again requires the reworking of your settlement papers.........

(P.S.) Most kids don't have a car.... it's not like child abuse if she doesn't have one, hon... I don't know about you, but I didn't have a car until I was a married woman, out of the house and living with a husband.... all of my friends had cars, but , hey, I lived.....

Answer 5

i could consult from the police see what age she is able to go away domicile without parental consent and that i think of which you will locate she is of age to be waiting to do this and additionally get her self good to make her very own chaise's with issues like wellbeing and that or have a individual appointed by using the courts for it and if she is able to go away then only provide her a place to stay having her observed is probably no longer a decision because of the certainty that she is sixteen i think of that would desire to be too previous to do. does no longer be counted in case you have custody of her ether extra so is getting her out of the placement and this can be the fast and basic thank you to do it if allowed, under the state regulation maximum in lots of cases if the toddler has a secure place to circulate and is going to get carry of appropriate supervision then they gained't attempt and take the toddler returned in the event that they do no longer desire to circulate at lest that's what i realize it to be for most of the places. i additionally agree which you may desire criminal suggestion in case you the place to sue for custody of the toddler yet i think of given what you have stated that there is not any longer plenty opportunities of it being authorized. so desire that she is able to go out, additionally i could ask the criminal adviser if she replaced into to go out on her very own could she be waiting to report for toddler help from her mothers and fathers additionally as that could help her stay at college and additionally help you with the value of nutrition and stuff additionally. i'm no longer shore what the regulations are different then the UN's rights of a toddler asserting that they are entitled to help from there mothers and fathers until they are adults as a result i could say it may circulate until at last 17 or 18 and be returned a be counted for her and the courts to handle Too sturdy luck

Answer 6

Go to Family Court and speak with the court clerk. People go in all the time to get things changed as life changes, including the deduction issue on the return. You should be able to get this done w/o an attorney.

Answer 7

Talk to child protective services. They will help you find free legal advice on gaining full custody and increasing child support payments.

Answer 8

PETITION THE COURT FOR FULL CUSTODY.