Wednesday, November 24, 2010

Change custody from joint to full with a 5yr old girl.?

I would like to change our custody status from joint to full because the order is 4 years old. At the time, I made a significant amount more then him, but we split the time 50/50. That lasted one year. He has spent no more then a week with her, she was actually in his parents care, since 2008. I have her 100% and now make less then half of his income due to a lay off. She and I maintain a very healthy relationship with his family but he makes no effort. He is in the Air Force and has been in Korea for a year(10/08-09/09) and now Guam(05/10-10/10), which I do not hold him responsible for, I understand that it is out of his control. There is still no effort of communication(1 30 second phone call every 15-20 days) on his part as well as no help at all. I fund all school, social, and extracurricular activities as well as the interstate travel for visits with his family. I receive daycare assistance but am still getting drowned. I have her in my physical custody all the time and need much more support help but have no idea how to go about filing without an attorney. He will not cooperate at all.Change custody from joint to full with a 5yr old girl.?Its not that difficult. You go to the courthouse and file for an amendment to your current custody order (ask the magistrate or clerk at the desk you file, just be frank and say you have no money and need an amendment, they will help you) and you make sure that on the court date given to you that you bring proof of the fact he does not spend half time with her, the courts dont care if hes in the military, its about spending half time with your kid.... so if he doesnt, he pays to help you. If you have your ducks in a row, show the courts that you do in fact have your child all the time, the judge will give you support. Make sure you go in there with all the documents, notes, dates, everything you can to prove his absence... be organized, speak polite and remain calm... that in itself speaks volumes to the judge.... if your ex is there and gets all uptight..... that shows who he really is...... You have a right to support for your child if the father is not around..... thats a fact.



good luckChange custody from joint to full with a 5yr old girl.?You can also get help and advice from your local child support office,they work for you thru tax dollars. You have a right to use the free services there no matter how much you make. even in joint custody situations they do have a scale to compare what you make to what he makes and do some adjustments and get court orders.Change custody from joint to full with a 5yr old girl.?This is one of those times when the only thing more expensive than hiring an attorney is NOT hiring a really good attorney! In the petition to the court, include his paying legal fees for the attorney due to his failure to abide by the prior court order, and his neglect of his daughter.



Actually, if he's military, there should be dependent allowance, I believe. You want that dependent allowance to be paid directly to you along with the full custody.



Get going. Get an attorney. Get it done.