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 01:45:28 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
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 02:02:57 · update #1
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 02:05:03 · update #2
Have your attorney push the support issue. You may be able to restrict his visitation further and get him in a deeper hole than he's in, perhaps even jail time.
2007-08-02 01:51:25 · answer #1 · answered by mikebnchprss 3 · 0⤊ 1⤋
Unfortunately, the fact that he isn't paying support doesn't lessen his parental rights, in the eyes of the court. The courts believe that even if a parent isn't paying to take care of said child, parent still has rights to see said child. Been there, done that.
I would guess he can take this matter to court as many times as he wants to, but surely he'll eventually give up if he continues to lose everytime.
I assume you've made the courts aware that your son doesn't want to spend time with his dad? Dunno if that really makes any difference, but I'd make sure it's known. It definitely can't hurt your case.
2007-08-02 09:01:05 · answer #2 · answered by Christie 4 · 0⤊ 0⤋
Its time to get another lawyer. By now the one you have should have incouraged the courts to garnish his wwages for child support. Do you have an injunction against him for the abuse you suffered at your ex? Have the GAL testify at your next court hearing to show the effect visitation are having on your child.
2007-08-02 09:43:46 · answer #3 · answered by nykate_winslow 4 · 1⤊ 0⤋
Keep pushing the child support issue. And have your attorney raise the issue of your son screaming when he sees his father in court.
2007-08-02 08:54:43 · answer #4 · answered by orphan annie 5 · 3⤊ 0⤋
if you made police reports when he was abusive, i don't think a judge would consider granting custody to an abusive ex.
he doesn't pay support, he doesn't have a job, and his MOM can't get custody of your child, anyway... it's either you or him.
my best advice is to continue living your life, don't pay him any attention.
if i were a judge, i wouldn't pay attention to him either!
take care of you and your son. i truly do not believe he has a leg to stand on....
hugs
2007-08-02 08:58:15 · answer #5 · answered by letterstoheather 7 · 1⤊ 0⤋
It can eventually. If he's using attorney's and he is behind, they may refuse to represent him at some point. Once he's far enough in arrearage, he may even face jail time. I would look into filing for harassment.
2007-08-02 08:55:03 · answer #6 · answered by ? 6 · 1⤊ 0⤋