My ex got married exactly one week after I had him served with custody papers, hes 32 she is 21 my son is 7. Now the new wife is pregnant, I am wondering if this is going to hurt my chances at getting residential custody. My son has lived with me all but weekends since 2005, during that time I have recieved no support from my ex and have paid half of my sons school and other expenses. The ex is trying to get FULL custody from and collect child support from me.
People who have been through this, what kind of things does a judge take into account when deciding custody? I have two daughters with my husband of 5 years and we own both of our cars and our house. I know for a fact that my ex is in debt to his eyeballs.
I am NOT trying to take the child away from his father, I jsut want a schedule set, my son sees his dad all the time and that will not change. I need some peace in my life and hopefully a court order can help a bit.
2007-05-22 09:43:55 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
First of all they will look at his his past non payment of child support to you and should award you back support that is due you It is because of this that I doubt he will be able to get full custody right now because it is going to look like he is only going after full custody in order NOT to pay child support. He knows that if he has to pay child support for your son that will leave less for himself, his wife and new baby to live on and sounds like to me that new wifey doesn't want to work. Get a lawyer and provide all of the financial aspects. It smells like he doesn't WANT to pay child support and thinks this is a viable option.
2007-05-22 11:13:03 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Unless you are ruled unfit to be the residential custodian parent you have absolutely nothing to worry about here. He can say all he wants to but the Judge has the final sayso. He would have to prove you unfit wioth concrete evidence and if he got past that then he still has to prve heis the best choice for custody instead of placing the child in foster care. Not an easy task. The courts want to leave the children with their mother unless ruled unfit due to child or drug/mental abuse. I dont see that happening here. Good luck
2007-05-22 10:07:09 · answer #2 · answered by Arthur W 7 · 1⤊ 0⤋
I think that stinks. I haven't been thru this. But, no way should a parent that doesn't pay support get custody. I hope the judge takes your side. I think you should propose Sole custody for you with visitation for you ex. It sound far more fair than his argument. Which the judge might find better. You could also suggest joint custody with no child support. Since, your ex will likely never willingly pay anyway.
2007-05-22 09:50:03 · answer #3 · answered by 354gr 6 · 0⤊ 1⤋
Joint custody ability the two have a say, yet interior the genuine international, that doesn't make it so. Your mom could make her very own decision with out regard on your father, and it would value him hundreds of greenbacks to bypass returned to courtroom to do something approximately it. this might take 6-18 months, at which the courtroom rules against him based on the reality that it relatively is already executed and now no longer a controversy. might I propose you tell your father to learn out Dads homestead in Yahoo communities. there is handbook interior the record area which would be of use to him. 2 many years father's rights propose
2016-11-05 00:57:32 · answer #4 · answered by ? 4 · 0⤊ 0⤋
as far as id be aware and im not an expert btw, but as your ex is in a new relationship with a new baby on arrival..adding the fact that the mother usually gets custody then i think your in a better position for custody of your boy. does that make any sense?
2007-05-22 09:47:58 · answer #5 · answered by Anonymous · 1⤊ 0⤋
They will look at the past history of custody, the ability of each of you, and each home life. You should be able to retain primary physical custody.
2007-05-22 09:47:17 · answer #6 · answered by Anonymous · 1⤊ 0⤋
girl I don't have to read this whole thing to tell you, papers paper doc's notes for from prof prof prof that is all a judge is worried about file a claim on him for pass(back pay) child support and half of any bills for support of his child life, hit him where it hurts.
2007-05-22 09:55:57 · answer #7 · answered by smiles 2 · 1⤊ 0⤋
You should done this the first day your son was born, Go here and see if one of these websites will help you. Good luck!! http://www.custody911.com
2007-05-22 09:49:33 · answer #8 · answered by Anonymous · 1⤊ 0⤋
It sounds like you and your x never took the marrage vowels serious. Get a lawyer.
2007-05-22 09:51:06 · answer #9 · answered by findinggodsmissions@yahoogroups 2 · 0⤊ 1⤋