My ex was very physically and mentally abusive towards me for 3 years, before I got pregnant with our son, I got up enough courage to leave him with my son was 2 weeks old.. I went home to my mom in Colorado and he stayed where we lived (with his parents) in Mississippi Ever since then there's been a custody battle, going on two years now. He told me that he's not going to let me go that easy, and he's mom wants my son, anyways. (long story there)
He moved here in March and has an apartment, but no job, he lives off of unemployment and his parents. The last court hearing said that, he needed to start paying child support, but he wont. He has my son once a week for a over night thing.But my son screams when he sees his dad. (my son is 2 now)
I've been proven fit 7 times now, and he keeps contesting, cause the courts wont give him full custody. or anything other then visits. He's planning on contesting again, can he? and does him not paying child support hurt his case?
2007-08-02 01:44:50 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i do have a lawyer and there is a lady supriving the visits and we have a GAL all say my ex isn't leaving up to what a dad should do, but like i said he keeps contesting it.
2007-08-02 02:03:36 · update #1
oh and yeah he's been in jail for harressment and abuse
2007-08-02 02:04:09 · update #2
Sadly, in most states, yes, he can continue to contest custody, especially since he "made the effort" to move physically in the same state where his son resides, even though he does not have a secure job.
Most Judges will be reluctant to revoke the rights of any parent that is trying to be active and positive in a child's life; your task, and your attorney's task will be to prove that your ex's reasons for wanting to remain in your son's life is for the sole purpose of having control over you.
His not paying any form of child support, especially if he has any sort of provable income, even from unemployment, could work against him.
As he has been in jail for harassment and abuse and visitation is currently supervised and he is not living up to wahat the Courts have indicated he needs to do, it sounds like his chances of that ever changing that are slim to none, but there is nothing to stop him legally from trying.
As there has been physical abuse in the past, you could see if your attorney to get a Court ordered psych evaluation on him.
2007-08-02 02:24:03 · answer #1 · answered by bottleblondemama 7 · 0⤊ 0⤋
If the child support was ordered by the court, your ex is in violation of that order by not paying. Your attorney should be filing papers with the court and your ex will either pay all back support or be placed in jail. It does hurt his case because if he claims he cannot pay the child support, the court will ask how he intends to support the child if he has full custody and saying mommy and daddy will help isn't going to cut it...
Good luck.
2007-08-02 08:53:03 · answer #2 · answered by remowlms 7 · 1⤊ 0⤋
Honey, you need a good lawyer. Not only was he abusive toward you, if he is not paying child support, he should not have access to his son.
I know it may be an expense, but your son and his safety are worth it. Maybe you can find someone who does pro bono work in child custody law.
Also, since your son resists the visits with his father, you should have him checked out by a court approved child psychologist to see why. It will further help you case, and make sure your ex is not harming your son.
Good luck!!!
2007-08-02 08:51:28 · answer #3 · answered by Leah 6 · 0⤊ 1⤋
He does seem to be unfit to take care of a child if he has no job or home, that is clear. What concerns me is why does the child scream when he goes to his father? If he was abusive to you he could now be taking it out on the child.
2007-08-02 08:52:55 · answer #4 · answered by John S 4 · 1⤊ 0⤋
He can keep doing it as long as he wants. The child support issue while terrible really has nothing to do with his case of trying to prove you unfit.
2007-08-02 08:54:15 · answer #5 · answered by bildymooner 6 · 1⤊ 0⤋