my husband wants custody of child when hes not giving any maintinence for him since 4 years?

Answer 1

If the child has been living with you since your breakup and you`re proving a good home, he ain`t got a bluddy chance!

Answer 2

He has two chances, I guess...
Slim and none.
Unless you are a really terrible mother, he is not supporting the child in any way, he hasn't a hope.
My ex went through that phase about a year after we broke up; he stopped paying maintenance when I got a part-time job, I had to go to court to get a maintenance order; then he tried to get custody of the kids, claiming I was an unfit mother on the grounds that I was working.
He said in court,
"Real mothers don't work"
Thankfully the judge told him he already had open access to the children; that he had not in any way proved that the kids were in moral danger from having a mum who worked; and to stop wasting his time.
Stand your ground. Don't be scared.He is very likely making threatening noises, knowing he can do very little about it.

Answer 3

Don't be too confident that he won't get at least joint custody. My daughter's biological father has never seen or wanted to see her (she will be 10), and only pays child support when I can track down where he is working and he is forced to pay. Then, at tax time he gets upset because he owes $10K in back support and if he files taxes I get his tax return. This year, him and his wife started harassing me and telling me that if I didn't sign off on ALL of the back support that he owes he would try and get custody of my daughter-who he is a complete stranger to. Long story short, here are some of the things that I found out while doing research and talking to attorneys:
1) Child support has nothing to do with visitation and vice versa. Meaning that lack of support has nothing to do with a parents right to see their child.
2) Court orders are always the way to go. It is best to go into court and get COMPLETE care, control, and custody of the child-that way you have a court order protecting you and your child.
3) Document everything. If your husband doesn't see or talk to the child often, make records to prove it. Document when he does call, how frequently he takes the child, everything. It can be so easy to forget little things, and it always sounds better in court if you have dates and know what you are talking about.
4) If you DO have to go into court you can request a guardian ad litem for your child. This is a person who works on behalf of the child and the child's best interests. The judge will normally listen to what this person feels is right. It is nice because they are not working for you or the father...it is solely what they feel is right for the child.

I would also contact an attorney and see what they feel your options are. I was told (by more than 1) that my daughters biological father would more than likely be granted at least visitation because he has parental rights--and remember he has NEVER laid eyes on her or even asked me if he could see her. I have in writing that he would sign away his rights and wants nothing to do with her as long as I sign off on the back support. Lucky for me, he decided not to persue the matter farther so I never ended up in court, but I am in the process of trying to be given complete custody of her so that at least he won't have any rights and it would be harder for him to fight the matter. Good luck to you, I know how scary it is when someone is threatning to take your child from you...and it is always there in the back of your mind because you are waiting for something to happen...it is a horrible thing to go through. Hopefully your husband is just trying to scare you into doing something that he wants and nothing will come of this, just be sure to be prepared!!

Answer 4

You need to have an attorney and take this to court, where the judge will decide if he can have custody or not. Unless your husband can fine you as an unfit mother, the judge might give joint custody,, but not full custody to him.Good luck..I hope it works well for you and your child.

Answer 5

Hi,

This is a tricky one and the thing to do now is to not panic as he really does not have that much chance.

Best thing to do is to get yourself a good solictor to fight your corner - or represent yourself - you can get Legal Aid to help with costs.

Then write down all about how he hasn't paid child support in 4 years and any contact you have had with him regarding this or any contact he has had with son and missed and so on.

If you a good mother - as I sure you are - he won't get very far hun!

Lx

Answer 6

HMMM such a difficult thing happening here
well...its never easy but i suggest you go to court and fight for your right

i'm not a feminist
well i dont know maybe i am but you should fight for it
but
keep in mind their his kids aswell and maybe he hasn't had the money to pay maintinence

Answer 7

not easy to answer without knowing all the details but will try. He can try all he wants to,but unless he can prove you unfit to the courts,nothing will happen.Also if he was require topay child support and hasnt, he willhave to bring his account up to date before the courts will listen to him.You can also sue him for support due whether court ordered or not and chances are you will be granted money owed you. But all in all you have nothing to worry about here,the legal system is on your side

Answer 8

A great way to get your ex back is https://tr.im/tlKxF

They might realize they need you and come crawling back!

If you do get back together, don't let the same issues that destroyed your relationship crop up again. Have a good, long talk about how you're both going to make it right this time.

Answer 9

Why? Does he accuse you of being unfit? What is his excuse for failing to pay support? Is he in default of a support order? Are you interfering with his visitation rights?

If you are doing everything right and he is doing everything wrong, he can't get custody, but you can report him for failure to pay child support (a crime in most jurisdictions).

If you are doing something wrong, then clean up your act and get a lawyer.

Answer 10

Well he can just want away!! The courts will see and ask for ways he has supported this child in the past... and unfortunatley past results can indicate future results. Courts will see who is the most responsible in caretaking.- and that person will keep the child in their care.