Appointed lawyer because of income, what are the chances of winning?

Question

Child Support/Custody Battle.

My husbands kids are 9 & 12. They currently are under both parents supervision (shared parenting). However, their mom is talking about moving 2 hours away to take a job and fly across the crounty to do training....

This is a great time to take her for full custody, but she has money and so does her family, we are a low income family and still pay her support, what are the chances we will win?

I simply asked because I was looking for someone with legal experience, mostly it is he who has the gold makes the rules..that is unless she is a prostitue or something.

Maybe someone on the board has encountered a similar situation. Don't be cruel.

it's not the training that is the problem, there are too many problems to list...could she be deemed an unfit parent? To many, yes. Leaving your 9year old at the community pool while your an hour a way at work and not knowing whats going on with her while your in working>? Hum, babysitter is not responsible that they are left with, doesn't use the support for support (literally it is in the papers that she pays half of everything...she pays half of nothing!)

We take them to school, pick them up, buy their clothes, send them with gifts to birthday parties, care for them when they are sick, see that they are being cared for in emotional ways, encourage these children...etc. we have them and raise them and she is putting 120% of her time and our money into her career, literally, we have a good change I was asking about the lawyer though, not the case itself.

There are way to many of her screwups to list online. (she has nothing on us) We raise her kids!

(their) kids. He is doing more than his part, she is not even coming close.

Answer 1

if she makes more money than you all and you have joint custody, you shouldn't be paying her child support. it's not the mother that gets it just because she is the woman type of thing anymore. now if it's because her parents have money and not her income, then that's different. the child support is to make up for lack of income in the other parent's home so the children can have the same in each home.

courts, unfortunately, tend to favor mothers though. it doesn't have anything to do with money or no money, the court appointed lawyer should do his job either way. he didn't take the lower-paid government job as opposed to opening his own practice for nothing. that's what he wanted to do...so he should be able to help.....however you're probably going to have to build up a good case. like how it's not good for them to be uprooted from their school/friends/family to go two hours away when they can stay with you all and continue with their schooling. also, i had a friend whose parents lived in different states and they had joint custody...like all the holidays and in the summer the kids would stay with the father and during the school year stay with the mother. that might be a good option if the mother would agree to it.

Answer 2

i don't see why a mother's job training to better herself is cause to claim she is a bad parent.

many parents have to travel for their career from time to time, and it's not unusual... my son has to do it all of the time, and his girlfriend hasn't left him yet, or said he's a bad father.

you are paying support because it's the law.. your husband apparently chose to have these children at one time, so it's now his continuing responsibility to help with their upbringing. Hence child support payments.

why do you want to take her for full custody? so you don't have to pay child support? do the kids WANT to live with you? have you discussed this with them at all? i think you might consider what THE KIDS WANT to do, before you do anything. you didn't say, so i'm asking.

believe me, it's easier to spend a few bucks a month on child support than to physically raise someone else's kids. and if they resent you, it's going to be doubly difficult...

if the mother isn't unfit, and if the kids would rather stay with her, or if the judge finds the kids' situation just fine the way it is, then you don't have much of a chance.

maybe leave well enough alone?

Answer 3

I know how you're feeling, but I think it matters not what "kind" of attny you have. The bottom line is the care of the kids. She will have to prove ample care for the kids and be able to have a schedule that she can provide adequate care for them. I understand that she/family has money, and sad to say, $$ does talk, BUT, if you/hubby can prove a loving, caring home to the kids, you have just as good a chance to get them. I think probably the older child will have a say so in where he/she wants to stay. If they are gonna be up-rooted, and leaving friends/family, that is on your side. I wish you all the luck in the world. Don't be so down on yourself about the lower income/court appt attny. Everyone isn't promised a bed of roses, and I promise you, LOVE will get more anyday of the week, so if you/hubby LOVE the kids, take pride in that.... Chin up!

Answer 4

Court appointed lawyers went to law school too! In many states, the State Bar Association requires so many hours of pro bono (with out fee) work for each lawyer. I had this happen to me in 1991. I was homeless and my husband had made up many lies about me and got an order giving me no rights to my 3 mo old dtr. I was able to get a lawyer thru the Houston Volunteer Lawyers Association. He was excellent! Not only did he get me visitation with my daughter, but got me temporary spousal support, which at the time was unheard of in Texas. Later, when I was on my feet and the ex had let the case be dropped for lack of prosecution, he called me and told me to immediately file a new case in the county where I was then living... even tho he wasn't obligated to help me by that time.... Oh, yeah... I filed pro se... representing myself.... until 2 weeks before the hearing. I only spent $500 in legal fees and was given custody of my dtr. 2 hrs away is not that bad. My ex is living 8 hrs away and has to meet me 1/2 way. We have joint custody. The support money is not what you are thinking it is.... I had to explain this to my ex this way:
Mortgage $600 monthly
elec $120 monthly
heating $40 monthly
groceries $400 montly
health insurance $450 monthly
water $ 100 monthly
total $1700 monthly divided by 6 ppl living in our home = $285.00 monthly... then add to that the cost of clothes,& shoes for a growing child; school supplies and school lunches, costs of co payments for dr visits, extracurricular activities... it adds up really fast. He is only required to pay $271.00 per month... it comes no where near meeting the burden on the custodial parent. Our households income was greater than his, and honestly, we don't need his money. But the point is, the money DOES go to support the children! Your husband is entitled to ask for an accounting of the child support. I think tho that he'd be shocked into silence.

Answer 5

Appointed lawyers need to make a name for themselves and very likely will do the best they can in most cases, especially those involving anything but criminal cases, where experience in playing to a jury is critical. You have a fair chance.

Answer 6

The only way you will get full custody is prove her unfit..

Answer 7

Court isn't a Horse Race. Nobody worth their salt would give you odds on what a judge might decide.

Answer 8

Now how could anyone here know ???