i'm scared to go to court cos he said he will take my son away.we have joint custody
2007-07-30 04:09:01 · 12 answers · asked by channelx2000 2 in Family & Relationships ➔ Marriage & Divorce
Lets approach your fear issue first. Go swear out a personal protection warrant against him. When he is issued that by a member of the court, he will think twice before he harms you or attempts to take your son away from you. You have a just cause so act on that. You should also file a non-support charge against him for non payment of the child support. If he was judged to do so, and he isn't paying then he is what they call a dead beat Dad. The judge won't appreciate the fact that he has refused to follow the order of the court. That is contempt of court, and he could go to jail for that as well. That's my advice for you, now you need to act on what you want. Your child's welfare is at stake, so do something about it. You should also file for medical support in the event that he needs medical care for one reason or the other. These things should be your child's without question. You are costing your son/daughter a lot of support that he deserves and needs.
2007-07-30 11:18:19 · answer #1 · answered by Butch. 4 · 0⤊ 0⤋
If you have joint custody, then more than likely it is going to stay that way if there is no evidence of abuse, etc. The courts aren't going to disrupt your child's life that he has grown accustomed to. Go after the child support and one of two things will likely happen. They will either grant you what he owes or even if they don't, you won't be any worse off. If he threatens you get a restraining order but also point out to him, threatening you is actually putting HIS custody at risk.
2007-07-30 11:24:40 · answer #2 · answered by Tina L 5 · 0⤊ 0⤋
I would talk to a lawyer. Since your husband has not shown financial responsibilty I would seriously doubt that he can show that he can care for a child.
But I definitely would find a good lawyer and take him to court.
This words are threats intended to make you too scared to take him on. He wants you to cower in the corner so he doesn't have to pay. Get a backbone and don't back down from him. Document Everything, every interaction between the two of you and between him and your child. Just keep a journal of it. This can be used in court as you took the time to write it down.
2007-07-30 11:16:42 · answer #3 · answered by ♥♥The Queen Has Spoken♥♥ 7 · 1⤊ 1⤋
If you have legitimate concerns for your safety, you must act accordingly. That includes limiting your exposure to him and/or securing a protective order.
If you have joint custody, he CANNOT take your son away. If he has not paid child support, sooner or later, his driver's license will be suspended as a penalty and he may be subject to arrest.
To minimize your involvement in the child support issue, file for wage garnishment and have the payments sent directly to your home address.
Finally, seek help from a community group that specializes in providing assistance to women. They have legal resources that can help you resolve the child support issue and establishing a protective order.
Good luck.
2007-07-30 11:18:38 · answer #4 · answered by ken erestu 6 · 1⤊ 0⤋
If he is court ordered to pay support and simply refuses...he will end up in jail. My brother in law has been running for 15 years-he has now been charged with 2 felony counts of non-payment of support. He won't get custody unless he can prove you are an unfit parent.
2007-07-30 13:47:06 · answer #5 · answered by stacilynn26 3 · 1⤊ 0⤋
the law can get him if he does take the child also go to court quit been afraid of him that is what he wants if he does hurt you or the child all he will do is bury himslef in alot more trouble. I dont think he will do anything this is to try to get you not to do anything about him not paying support so play his bluf the courts will make him pay
2007-07-30 11:37:23 · answer #6 · answered by fancy 3 · 0⤊ 0⤋
courts generally give custody to the mother because that were the child lives, goes to school ,has friends the court doesnt want to upset the childs routines go to court
2007-07-30 11:32:16 · answer #7 · answered by bll 2 · 0⤊ 0⤋
You have nothing to worry about. The fact that he hasn't payed child support will show the courts he has no real interest in your son. Go to court, he'll lose his shirt.
2007-07-30 11:23:28 · answer #8 · answered by rlstaehle 6 · 1⤊ 0⤋
The judge will not give him the child if he has not paid child support.
Get a lawyer.
The courts can automatically have the support pulled from his pay check.
2007-07-30 11:13:05 · answer #9 · answered by Anonymous · 3⤊ 1⤋
what have you done that the courts would see it in the best interest of the child to be with his father? NOTHING? Take his stupid, sorry, abusive, manipulative, low life, @ss to court and get what your child deserves.
2007-07-30 11:18:34 · answer #10 · answered by gypsy g 7 · 1⤊ 1⤋