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My husband has joint custody of his two children. The mother left CA to AZ to avoid childs support. Five years later, my husband files for child support, and this summer will be 3 years since she last saw her two kids.Child support finally caught up with her- and now she is paying. Granted, most people pay more that $200/month- because that is all she pays. We were recently informed that she will be getting kicked out of her rented home at the end of this month. She claimed that she can not afford child support, and asked my husband if he can take it away. She has been uninvolved in the kids lives. She also has a husaband, and four more children. In an event she were to get kicked out, what is the likelyhood of my husband getting sole custody his two children? She can barely afford her four children now, and I know she will not be able to provide shelter, food, medical or whater the children need. How can we convince the judge?

2007-01-19 08:24:12 · 7 answers · asked by CuriousMama 1 in Family & Relationships Marriage & Divorce

7 answers

the only way the judge will do this is if she is a danger and unfit mother or the mother signs off on them.

2007-01-19 08:41:06 · answer #1 · answered by Savage 7 · 0 0

Is the Judge aware of the fact she has not bothered to see these kids in all these years? She probably can be charged with abandonment now, and custody can automatically be taken from her. I would go to the Judge now, and paint a picture for him, and see if her rights can be taken away. I honestly believe she would sign over her rights, if you just asked. If she knew she would be looking at jail time if she did not pay her child support up to date, she'd probably sign the papers before you finished telling her the whole story! I pray the kids aren't too hurt by their mothers actions!

2007-01-19 16:44:35 · answer #2 · answered by sue d 4 · 1 0

If she hasn't seen her kids in 3 years, she's probably not much of a mom to them. Get your husband to ask her to give him full custody
Even if she's unwilling to do this, remember that money isn't everything. If you can support the kids with out the extra $$, try to let it go.
She may not be much of a mom but the kids she has now deserve to be taken care of and not put out on the street. Good luck.

2007-01-19 16:41:12 · answer #3 · answered by katydid 7 · 0 0

Based on a friend's experience.
Have her sign away her parental rights and then child support can be dropped. If she is unwilling to do this, then she should be held accountable for her share of the children’s welfare and be required to pay child support.

2007-01-19 16:42:08 · answer #4 · answered by last_of_the_romantic_men 2 · 0 0

I think her actions will speak for her. Hopefully the judge will see how she's led her life and give full custody of the children to your husband. Those poor kids! How sad.

2007-01-19 16:39:44 · answer #5 · answered by ? 6 · 0 0

ask her to sign over all parental rights to the children...u get no child support and the children are yours

2007-01-19 16:31:13 · answer #6 · answered by sunbun 6 · 0 0

You might want to ask her to sign her rights over. You never know, she's in a bad situation and just might do it. Try to take advantage if you can, she doesn't deserve those kids anyway.

2007-01-19 16:34:15 · answer #7 · answered by Anonymous · 0 0

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