1 of my friends is suppose 2 be able 2 C his children every other weekend. He has had trouble with jobs, because he is in school and has had car trouble. His ex will not bring the kids 2 him or meet him half way. His ex still makes him pay child support because if he stopped he would not be able to see them until he is 18. He told me that the courts won't hear his excuse about it and the ex is trying to sue. However if he cann't pay child support she should not get mad about it. Whats sad is that she doesn't make the father of her 3rd child pay anything even though he makes a lot of money. Do children have the right to go to court and the judge know whats happening? I think they could say that they understand if their dad can not make all of the payments, but couldn't they beg the courts to tell their mother to drive them to their dad's place if they really wanted to see their dad?
If the dad picks up the kids but doesn't drop them off when visitation is over what happens? 2 hr drive
2007-12-21 14:26:15 · 6 answers · asked by dulcechica2891 1 in Family & Relationships ➔ Marriage & Divorce
I am sure he has contacted the attorney several times.
Ok when you live 2 hours away and you have to work during certain hours it can be difficult to pick up your children. You would think most parents would be civilized in helping each other even if they are ex's. In fact the mother wanted to abort one of the kids anyways and the kids mention they would rather be with the dad its just that the dad does not make enough money to be the main parent. I think the kids knows that he has trouble getting them and I don't know why they don't beg their mom to take them too him. I think once they both turn 18 they will want to live with him.He even mentioned his son living with him. Although I am not sure if he can now because he is 18 or if he has to complete one year of being 18
2007-12-21 14:46:35 · update #1
ok I dated the guy for a while on serious terms. and we are still sort of together and he brings it up a lot. Plus if I ended up living with him and his children that could be an issue whether he married me or not. Adopting the kids would be something I probably would not do because they are grown.
Besides maybe I am just asking just incase the same things happens with me. Not saying I will be with guy I am talking about, but is the law the same for everybody?
2007-12-21 15:01:48 · update #2
He can try to get his child support payments reduced, but courts are generally unsympathetic, especially in the south.
He is unlikely to get better visitation rights while behind on child support payments.
Also, it sounds as if she got sole custody of the children, which means that he doesn't have a great many rights in any case.
First - the other posters are correct; he needs to look closely, perhaps with the aid of a lawyer, at the custody agreement, to see if she is in violation. However, in general it seems likely that the situation really won't be resolved until he gets a better job.
2007-12-21 16:49:58 · answer #1 · answered by James W 2 · 0⤊ 0⤋
It usually is stated in the custody agreement who is responsible for transportation; however, if it is not, it is generally agreed that the parents take turns (one dropping off, one picking up)... Child support and Custody / visitation are two seperate issues and one has no bearing on the other. If your friend is so far behind in paying his child support, he needs to file a modification of child support petition asking for the support to be reduced, however, if there has not been a change in income this will likely be denied (as the child still has needs regardless of where the noncustodial parent is spending his / her money). Your friend needs to reread his custody agreement / order and call his attorney for more advice, as either you or he has some serious misunderstandings in regard to the children and the custody agreement.
2007-12-21 14:38:45 · answer #2 · answered by Wildflower 6 · 0⤊ 0⤋
1st exactly why shouldn't he pay child support?! He helped make this child now his needs to help support it.
2nd child support and visitation are 2 completely separate issues one does not have anything to do with the other.
3rd why doesn't he get off his a ss and pick his children up? It is not up to her to make sure he is being a father to his kids!
He needs to grow the f up and start acting like a father and stop all the stupid excuses!
Pathetic!
If he kidnaps the children he will lose his rights and go to jail!
2007-12-21 14:36:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
All these questions need to be addressed by an attorney.
I cannot stress how foolish it is for you or anyone else to seek and accept legal advice from just anyone with a keyboard!
Tell your friend to get a lawyer!
Merry Christmas
2007-12-21 14:32:06 · answer #4 · answered by box of rain 7 · 0⤊ 0⤋
How do you (which has nothing to do with this) know about your friend's ex's ex's financial situation? I think he's giving you a line of BS so you feel sorry for him.
2007-12-21 14:57:31 · answer #5 · answered by primalclaws1974 6 · 0⤊ 0⤋
you can call the police and they will stop his car if hes in route are you can send a officer to his house to see whats up before its call kidnapping
2007-12-21 14:40:01 · answer #6 · answered by ? 6 · 0⤊ 0⤋