My wifes son's father is threatening to go to court for joint custody. BUT he signed over his rights except for visitation rights when he(step son) was born. Can he get joint custody still? We just bought a house and he "just bought a house" can the state ever really say that since his house is nicer then our house would he actually get any rights back? Since he signed them over the only way to really get them back is to have them signed back to them?
2007-10-16 11:45:26 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
He signed over all his rights. He is still court ordered to pay child support. They only rights he has is that he can see his son. He has no other rights. Can he get them back? My step son is 8.
2007-10-16 12:06:13 · update #1
The father frequently does not show up to pick up his son. He is only starting this battle because we have moved an hour and a half away from him and he works til 4 and then he has to have him(step son) back by 8. He is not married to his fiance who he has another child with. His father (step son's) has a history of drug abuse and anger management. We have been more then nice about visitations and are sick of it. He has been issued to pay child support and has paid in the 8 years as of last month around 500 dollars. Is that right?
2007-10-16 12:10:34 · update #2
Im not sure what hes trying to reduce in child support speaking as he doesnt pay it at all...as for seeing his father...its his fathers choice not to come see him. IF his father was paying ANY child support we could use the extra money to have a higher mortgage for a house closer to him. our house was the least expensive house within 10 miles of where we used to live with my wifes parents so we were also thinking about the distance factor as well.
2007-10-16 12:49:45 · update #3
OK, if the your house is livable and clean it does not come down to who has the best house. I thought you either had rights or you signed off totally. Talk to a lawyer but hopefully this dad is all talk.
2007-10-16 11:49:06 · answer #1 · answered by MJ 3 · 2⤊ 1⤋
First, call up your local bar association and see if they have an attorney reference panel. They usually set it up so you can get a consultation for a nominal fee. There is no obligation to retain the attorney you consult with.
Regarding joint custody, he can get it back, but he has a lot to show. He has to show that it is in the best interest of the child, and given his past seperation, this will be tough. (He maybe trying to reduce child support figuring that he'd rather see his son instead of paying child support)
No, the court's do not look at how nice a house is unless it is somehow detrimental to the child.
The fact that he does not see your son as much because of his job and your move is an issue. Generally speaking, contact with both parents is important.
2007-10-16 19:44:28 · answer #2 · answered by Frst Grade Rocks! Ω 7 · 0⤊ 0⤋
he Can get them back but joint custody doesn't mean that he will have custody. it means that he can have the rights to be in the child's life such as Doctor appointments and or school functions and will have to pay child support. and the judge will keep in mind that he did give up his rights. and most judges will rule for the child to stay with the mother unless the child is in danger at home. and because he has a nicer house and all that kind of stuff dose not mean that he will get custody. and if he has anything on you to like drug charges or abuse then it would not be good for you either
2007-10-16 18:51:50 · answer #3 · answered by shy 4 · 1⤊ 0⤋
Unless you live in squalor, your house size has nothing to do with custody. Since he is the child's father he can go to Court at any time to revisit his Rights/visitation/Custody. However the Courts will place "weight" upon the fact the child is with his mother, in a stable enviroment and is being well taken care of. You would be wise to keep a journal of any incidents that have taken place, how often he exercised his Visitation Rights, any criminal record, etc. If you do not fight this, the Court could easily grant him his request.
2007-10-16 19:02:52 · answer #4 · answered by canuck1950 6 · 2⤊ 0⤋
what rights did he sign off on if he retained visitation? it only leaves tax deduction. he can still get custody possibly,i would have to know more before i could give a better answer.
added. Keep personal notes,such as when or how often he picks the kid up for visitation and how many he misses. It sounds like he won't win based on the info,but he really didn't give up any rights,he just hasn't been much of a father.
2007-10-16 18:54:11 · answer #5 · answered by here to help 7 · 1⤊ 0⤋
if he had visitation rights then he never signed over his rights!! he may have signed an agreement that prevented him from having to pay child support or medical insurance but apparently was smart enough to not give up his rights.it worked for him---- no support, now he can play daddy.has he been an active parent by spending time with the boy? if he has had no contact for a year or longer you can take him to court and have his parental rights terminated!! that is the only way,get a good lawyer!good luck!
2007-10-16 18:53:27 · answer #6 · answered by dixie58 7 · 2⤊ 0⤋
Once full and legal custody has been provided to one biological parent unless there is a reason for reappointing custodial ship the answer is NO !!! Housing has nothing to do with it.....case it point would be if there was abuse and or neglect and such as dangering the child and other attempt really unless the custodial parent wants them to have rights...they have known and has been forfieted......but be careful..cause some liberal judges tries to reunite the child with its absent parent no matter what.....But you need to stand on the already ajudicated process that one has full custodial rights and the other one forfieted them over....Stand on it unless you want otherwise !!!
2007-10-16 19:02:13 · answer #7 · answered by hghostinme 6 · 1⤊ 1⤋