I'm 31 yrs old and have a daugthter who just turn 15, yes I had her very young. Her father and I separated when she was 3 yrs old and he has been in & out of her life since. The problem is that he is mandated by courts to pay child support now and has to pay all the arrears he owes to her and now he is threating to file for custody because he is forced to pay for support and wants to take her away from me. My questions is can he do this and will the court give him custody, I don't use drugs, I have a great job and my own apartment, will the court take this into consideration. Also if the court doesn't give him custody he will try to get joint custody and either way my daughter says she doesn't feel comfortable with the father that she does not know well will the court speak to her and take her feelings into consideration? Please help with as much input as you can.
thank you
2007-03-16 04:00:06 · 11 answers · asked by Sexy PuertoRican Lady 2 in Family & Relationships ➔ Family
No. After twelve years of age, it is the childs decision unless you are deemed unfit as a mother. Otherwise do not worry.
2007-03-16 04:08:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
(a) either parent can sue for custody-whether or not the courts award custody to him is a crap shoot. you never can tell.
(b) just because the court awards him custody, he'll still have to pay the arrears of child support or it will be subtracted from your court ordered child support payments to him (depends on your state rules)
(c) if joint custody is awarded (where you share custody and neither pay child support) then he will still owe you the arrears.
Get a good attorney, make sure you sue him for attorney fees if you win. Get your daughter into a reputable counselor that will be able to report to the court your daughters wishes and emotional state as to her stress if she gets awarded to the dad. Get a good plan get your ducks in a row do your homework and do what's in the best interest of t he child.
2007-03-16 04:23:55 · answer #2 · answered by Carol D 5 · 0⤊ 0⤋
He can file anything that he wants. That does not mean that he will get anywhere. Either way he does it he will have to pay the child support. Your daughter is old enough now to decide where she wants to live. From everything you have said you are stable and provide a good home for your daughter so there is no reason for the court to tell your daughter that she has to leave your home. This is a desperate attempt to keep from paying you. It will back fire in his face. Tell him to go ahead and watch for the egg on his face.
2007-03-16 04:06:55 · answer #3 · answered by Dee 2 · 0⤊ 0⤋
Honestly, I don't think he has a leg to stand on. Your daughter, for one, is old enough to tell a judge who she wants to live with. And if he's so pissed off about having to pay support.....he's going to have to pay MASSIVE court fees and also the cost of raising a child if he tries to get custody!!! I definitely know the court will take her feelings into consideration. Good luck...
2007-03-16 04:06:40 · answer #4 · answered by spelling nazi 5 · 0⤊ 0⤋
It's possible but not likely. Courts prefer to keep children with the mother. If he has been a bad father by not paying child support all this time, he's a fool for trying.
2007-03-16 04:20:03 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You need to consult an family attorney who handles these issues. In most cases the first hour of consultation is free. Please don't take random advise from people who may or may not live where you do each locality has it's own unique set of laws. Consult someone who can answer your questions and give you clear solutions to your problems. Keep in mind he is making threats it is very very costly to sue for custody and if he is not willing to make support payments he is not apt to go through the expense of a custody battle. Do not put your child in the middle she should not have to deal with these issues. They are for you and your attorney to handle.
2007-03-16 04:07:53 · answer #6 · answered by QueenBean 5 · 0⤊ 0⤋
If he follows through with this just tell the court that he is only doing it to get out of paying child support, that he doesn't really care about her. I really don't think you have anything to worry about.
2007-03-16 04:08:35 · answer #7 · answered by papasmurf 2 · 1⤊ 0⤋
in the starting up... each state is diverse. basically to set you comfy a touch... maximum states will enable a baby to pick on who they favor to stay with on the age of 12 - 14 years of age. (I dont imagine you've some thing to agonize about.) once you've a courtroom order on infant help and infant custody both activities ought to abide by ability of it. If no longer then the different get at the same time can take them to courtroom over breech of the settlement. (I called the sherriff's workplace and right here is what they suggested) If someone isn't following the settlement you should take them in the present day to courtroom. The choose will ask why the visitations were no longer carried by and if the custodial figure does no longer have sturdy motives then they could nicely be put in reformatory ).... in spite of the undeniable fact that..... this can favor some study on your section... If he takes you to courtroom claiming you at the prompt are not giving him is visitation rights you should get copies of your telephone files.. (as an instance he has no longer called for his daughter) Get any type of list that could want to practice he has no longer been in contact with them. practice the workplace artwork the position he's in arrears on infant help and the finest fee he made. you'll want a finished of what he owes. I actually were by this yet on the different end. (my husband's ex-spouse keeps his infant faraway from him each of the time) We do basically not take care of to pay for to get a criminal specialist to wrestle back regrettably. Her excuses were "She is grounded this weekend and can't come over" or she made different plans including her acquaintances, or undemanding and straightforward... i do not want her over there this weekend. Seeing out of your area of the tale you've no longer some thing to agonize about. He has no files of attempting to get in contact including her or conserving in contact. seems he's making an attempt to scare you into some thing that he can do no longer some thing about. The choose received't want the non-custodial figure until eventually there is reason the youngster ought to no longer be in the palms of the custodial figure including (were given this off the Georgia regulations information superhighway website) infant shows indicators of ignore, abuse, or per chance a replace in grades for the more serious. you have to be able to do a yahoo seek for on your state and infant custody regulations. Your sure to tug up the states good information superhighway website. desire this helped some.
2016-12-02 02:22:22 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I would think you would be better off posing these questions to an attorney, rather than Yahoo Answers.
Personally, in my experience, he's got a snowball's chance in Hell of getting custody!
2007-03-16 04:06:30 · answer #9 · answered by Sally G 5 · 0⤊ 0⤋
I don't think you have anything to worry about, besides your daughter is old enough to speak up & her wants & needs will be listened to by a judge. Good Luck
2007-03-16 04:09:06 · answer #10 · answered by Anonymous · 1⤊ 0⤋