I currently have custody of our 3 daughters. Well, my ex was ordered to pay child support. And she has only paid like $200. She is not holding a job but has remarried since our divorce a year ago. Now she is trying to get full custody of our daughters. She filed an emergancy change in custody through the courts. Allof the things that she placed in the EC of C is bogus stuff. I know the only reason as to why she is doing this is so she doesn%26#039;t want to pay me the child support and I have been persuing this actively in court. My question is how likely is it that the judge may rule in her favor? I have heard that once custody is set that it is near impossible to change it. Is this true?Daddy with custody Q?That is what I have heard as well. Plus the not paying child support obviously doesn%26#039;t look good on her.
Thank goodness for good fathers like you and me.Daddy with custody Q?nopeDaddy with custody Q?I don%26#039;t think it can be changed, but I would talk to a Lawyer just to be sure.Daddy with custody Q?If you%26#039;ve been a good dad thus far, she%26#039;s the one doomed......courts are now equal opportunity employers so to say for parents....think about it oif she had to pay you to begin with she will be looked at as a dead beat MOM!
Lots of Luck to YaDaddy with custody Q?just pray that the judge realizes that you are the good parent and she is worthless...those girls would have not sort of future if given back to their mom...good luckDaddy with custody Q?No when I was three my parents divoiced and changed who had custody sevral times and I don%26#039;t think the judge will let her win shes doing it to get out of paying witch will in the long run make the kids have a bad lifeDaddy with custody Q?Its true, my stepsons were living in a shack, all sleeping in one room. We paid CS religiously and the boys wanted to live here. The judge still didn%26#039;t change custody. I don%26#039;t think you have to worry about it.Daddy with custody Q?I am not an expert on this subject, but I have also heard it is hard for custody to be changed as your children are used to living with you. Why was custody given to you in the first place? It is hard for a woman to lose custody of her kids to begin with unless she is into drugs, alcohol, or just plain unfit. Has she been seeing your daughters on a regular basis since the original custody agreement? Even if custody is changed over, she would still owe you the back child support. Not likely it will be, especially since she hasn%26#039;t been paying all along. Hope this helps.Daddy with custody Q?Yes. Basically, the best interest of the child is always the chief point of custody and the fact you were granted it by the court speaks for itself.
The court will also see whether child support is influencing the issue of custody.
You are in a better position to keep custody if you have been doing a good job while kids are under your care than someone who lost custody.
Again, the court will weigh what%26#039;s in the best interest of the child and since you already have obtained or was granted custody you should have a very strong case for keeping custody good luck.Daddy with custody Q?Yes, its very true unless she has reason and proof that you are molesting your girls or your on drugs.
Once you go to court and the judge finds out your a good guy and take care of your kids and that she hasnt given you but 200.00 in support and all the sudden shes filed for custody he%26#039;s going to be able to see right through what shes doing.Daddy with custody Q?Depends on the state, but usually judges are very hesitant to amend custody orders unless there%26#039;s compelling evidence to indicate they should be changed. Keep your nose clean, do everything you need to in order to comply with any and all court rulings, and if she%26#039;s not, then the judge will see that, and rule accordingly. Unfortunately, the way our legal system is set up in the US, you can file a lawsuit alleging pretty much anything, however, proving it is usually another matter. Good attorneys won%26#039;t file such suits, but not all lawyers are good attorneys. Best of luck to you and your 3 girls!Daddy with custody Q?it is very true and let me tell you I know first hand because I have two male friend with full custody of their children. a big misconception these days is that the mother can get away with murder and get custody of the kids because she is the mother and that couldn%26#039;t be further from the truth. trust me when I say that these judges weren%26#039;t born yesterday and they hear these cases and bogus charges every day so don%26#039;t worry that your ex will just swoop in and pull the wool over their eyes. if you were granted at any time full, permanent custody then they only way she will be able to get it %26quot;reversed%26quot; is to prove you unfit. Assuming that you are a good law abiding citizen then its very hard to do. I know its hard but don%26#039;t worry. The only way she can get them is to prove you unfit so as long as you don%26#039;t start selling drugs and running hookers out of the house you are fine....lol I don%26#039;t mean to make light of your situation but seriously that would be about what you would have to do to lose.Daddy with custody Q?Call equal rights for fathers. They are based in Las Vegas but could definitely help you with references in the VERY LEAST. Use him as your last resort, he gets really nasty...... He%26#039;ll get what you need though......
Best of luck.......Daddy with custody Q?Consult an attorney just to be safe. Has she had contact with the girls since the divorce? She obviously didn%26#039;t take too much of their well-being into consideration if she didn%26#039;t pay child support. Keep fighting, you are a great man for having custody of 3 girls. Pat yourself on the back, not too many men would take that responsibility!Daddy with custody Q?I%26#039;d be prepared for a stout defense; particularly if there are bogus arguments in her EC.
While not the same circumstances, I took the core of my wife%26#039;s arguments as frivolous and ignored them. They came back to bite me. I%26#039;ll never go into another situation like that without trteating evey element with extreme seriousness. Good luck.Daddy with custody Q?You lucky Bastard! %26quot;Your Honor? Is it possible that this person who is not responsible enough to pay her child support is now responsible enough to garner custody through an obvious bag of false accusations and misleading innuendo? All these things she is doing is creating chaos in the lives of my children and for what? So I can pay the child support she is so unwilling to pay, while I also try to maintain a sense of dignity by not bearing false witness against my ex-Wife so my children don%26#039;t think negatively of her and her position?...%26quot; You got her where it counts.Daddy with custody Q?Custody can be changed in the courts but I guess you would have to mention the reason she gave you custody in the first place (if it%26#039;s in your favor) If she gets custody not only does she NOT have to pay you child support but she can have the court order to have YOU pay her. You also haven%26#039;t mentioned how old the girls are, the judge will want to ask them what they think of changing custody as this affects their lives more than anyone.Daddy with custody Q?have have know of serval cases were custody has changed and with girls and her being remarried i would think you should not persue child support she is not working and it isnt his place to pay it and you need to decied what is important the daughters or the money and remember this no matter what those girls need both of you dont make it ugly for them thats not fair they didnt make this messs you two did ... try to make the best of a bad thing good luckDaddy with custody Q?You need an attorney fast! She can regain custudy as judges tend to favor the mother, especially if she has remarried and can stay home to care for the children. As for CS, you are entitled to it as long as you have your daughters. A good attorney can help with this. You can report failure to pay CS to your local District Attorney, and they in turn can garnish her wages (and her new husband%26#039;s wages, lucky him!).
Why is she filing for an emergency change in custody? Are you an unfit parent? That%26#039;s the only reason to file an ECC, but again, a judge might be likely to favor the mother. Make sure your childcare is solid, that you spend time with your children, be involved in their school, in their lives, and that she can%26#039;t claim that you are an unfit parent.
Most importantly, remember that this is about your kids, not about fighting with your ex.
Good luck. I wish you and your girls the best.Daddy with custody Q?You need to seek legal advice on this. Set up an appointment with a lawyer for a free consultation on this matter. They will give you all the information you need.Daddy with custody Q?If you and your children are currently living in the house you raised them in then you have no chance of lossing custody... At least that is how it is in MI. When you go to court don%26#039;t say much just answer the questions without getting upset! Let her hang herself and look like the fool this will also help. Do not bring up her failure to pay support unless the court does first! This is the polices job to handle this part of it when they take her to jail. Don%26#039;t try to make her look bad, when ask disagree when you do...
good luck!Daddy with custody Q?There are so many factors. It all boils down to the judge. Do you have permanent custody or temporary. Joint or sole? She doesn%26#039;t have a job or a place to live.
There is a reason why you have custody in the first place. On what grounds has she requested an emergency change? Not paying child support is a contempt of court I would think. I wish you luck, I know this is emotionally heart wenchingDaddy with custody Q?I don%26#039;t know how the judge will view things. Sometimes it seems like folks assume that a child needs its mother - especially daughters. So unfair as it may seem, you might want to go ahead and start thinking of how to present your side.
First of all, it doesn%26#039;t speak well of her %26quot;maternal instinct%26quot; that she has almost completely blown off her child support obligation. Keep good records of that, for sure. Also if she isn%26#039;t taking advantage of the visitation she is entitled to, it wouldn%26#039;t hurt to keep notes on when she does or doesn%26#039;t see the girls. (Don%26#039;t know if that is relevant in your case...)
I don%26#039;t know what dirt she is claiming to have on you, but if her claims are bogus and there are ways you can prove that (witnesses or some kind of documentation) - do!
Good luck to you and your daughters. I hope that the court recognizes that you have the girls for the right reason and she wants them for the wrong reason.Daddy with custody Q?I don%26#039;t know what is in you... Are u americans...eurupeans.. what...
In asea.. we have no such problems..... we love our children.. and even if (seldom) parents...get separated... not the children........
I guess.... you are just both bobobobobobobobob
Children should not suffer for your foolishnes.....
FOOOLLLLISHHHHNESSSS
DAMN YOU...............Daddy with custody Q?Keep up the good job, by you having custody, means a lot, by her not paying her child support, does not look good for her, do not talk bad about your children%26#039;s mom, around them, set good examples around your children. do what you have to do, to survive. I do not think you have any thing to worry about, You may want to speak to a lawyer, to put your mind at ease.Daddy with custody Q?I wish I could tell you that was true, but unfortunately it%26#039;s not. Take nothing for granted. Alot of circumstances can play into this such as the children%26#039;s wishes, they schooling, her lifestyle, your lifestyle, their basic needs being met, etc. It%26#039;s a long process and just because she filed an emergency hearing and will get her motion heard a little quicker, chances are she%26#039;s banking on the courts awarding her placement before school resumes. That, I can tell you is NOT going to happen. If she made accusations, all those have to be investigated first. Which means you will have the social workers back involved, the guardian adlitem will be brought back in, etc. By this time, school will already be in session and they aren%26#039;t going to remove the children from your care in the middle of the school year unless there is truth to the accusations. The courts will also see through her idea of not paying child support. You can%26#039;t come into court with dirty hands(tons of arrears) and expect to win...it doesn%26#039;t work that way. I wish you luck!Daddy with custody Q?You have got to remain calm and take notes on all visitation issues and log it down with facts. When possible get third party witness statements for your behalf. If your divorce decree specified certain provisions for child support etc. then use this to your advantage. Since you have full custody now you should be in the clear but be on the safeguard for tricks from your ex cause the need for greed is always there too. Make sure you behave yourself and not jeopardize your children too...what I mean be careful what you say and do in front of your children cause she can persuade them to do things for her. The judge has to find just cause or threat to the children in order for him to rule against you. Just be very cautious because women get very emotional and dramatic too . Good luck buddy....im divorced with 2 children with joint custody so I understand!!Daddy with custody Q?I know in some states they refuse to disrupt the childrens routine lifestyle. so if they are used to you as the parent with FULL custody then the judge may rule in your favor. then again it all depends on the details. ask your lawyer.Daddy with custody Q?First ,off you would never had gotten custody for something as simple as a sleepover guest..somthing tells me there is more to it than that just your senario. As far as a emergency custody order dont worry cause she would have to straighten her life out and be able to prove it in the court before they would even consider letting her have the kids back. Second, if she does get them back and she could if she straightens out then so be it she has done whats needed to prove to the court that she is a decent mom. My advice to you is to keep her visits limited and dont let her have them as much as you do, or else there is strike one. The court will always take that into consideration when deciding a custody battle. Third ,get a lawyer and keep the kids out of it persue the support as she should pay for the kids she loves so much. If she doesnt pay persue, persue, persue dont give up keep going and file contempt she will either pay or go to jail...Good luckDaddy with custody Q?I%26#039;ve included two websites that should help...
I think that in order for a custody order to change, there must include a %26quot;tremendous change of events%26quot;... something like your ex hit the lottery, or you%26#039;ve become a major heroin dealer. The fact that she married again will have some consideration, but alone not enough to sway a judge.
Your daughters (if old enough) can also indicate who they would prefer to live with.
Do obtain an attorney and within your rebuttal to her custody filing, mention the child support she has neglected to pay...
http://www.dadsdivorce.com/
http://www.dadsrights.org/
