The mother (who is the Custodial Parent) just got child support court ordered last month. Now she is homeless about to go to prison (5 felony possession charges from last Christmas) and she has dropped her son with us. My Fiancé is paying her the child support and she needs to be paying us. I think he should try for custody since it was never court ordered (as they were never married).
2007-10-18 12:37:51 · 3 answers · asked by Jessica 1 in Politics & Government ➔ Law & Ethics
You must file a petition with the court to change your child support responsibilities. YOU have the obligation of proving that you should not be paying, etc. Go see an attorney about this.
By the way, you need to be very careful here. Just because they weren't married does NOT mean it was never 'court ordered'.
He needs to go see an attorney immediately, if not sooner.
2007-10-18 13:17:37 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
You need to contact Domestic Relations (or whatever it is called where you live) and inform them of the situation. Let them know that mom is homeless, about to go to jail, and that the child is now residing in your home. (If you are getting any type of public assistance, it will be easy to prove that the child is now with you since you would have had to inform them of a new household member). Then you should go to the courthouse and file for custody.... though I am a little confused here since you refer to mom as the custodial parent, which usually means that there was a custody order through the courts and she has primary physical custody. Anyway, just contact your county courthouse to find out about filing for custody. There is no reason to contact social services, as they don't deal with custody matters and there is no abuse or neglect (since the child is now in your home). And it's not neglect to drop them off with the other parent when you are going to jail. You can get the support order changed, but you are not going to get anything from her since she is going to jail anyway. Definitely call Domestics and then head to the courthouse, though, so that if/when she does get out she can't just come take him. Good luck!
2007-10-18 16:28:31 · answer #2 · answered by bendypants 3 · 0⤊ 0⤋
needs to petition the court....or call the clerk of court to see what he needs to do. you may need to get social services involved, because you need legal custody of the child. With all that is going on with the mother and her going to prison, then that should not be hard to do. I would check with child services first, but you do need to gain custody of the child ASAP
2007-10-18 12:52:21 · answer #3 · answered by mrs_endless 5 · 0⤊ 0⤋