Joint Custody Father Moves From CT to GA

[CTmom777]

What is the name of your state (only U.S. law)? Connecticut

Divorced in October 16, 2008. Joint-custody with father, though he never had them fully 1/2 time, his living in CT did help relieve some of the financial burden. No child support or alimony upon divorce. He is supposed to pay me 1/2 childcare charges. Summer of 2010 he went down to GA (from CT) to live with his girlfriend for a few months. He came back, and then moved permanently in January 2011. He had no job (ever since we divorced). He did start employment a few months ago as a waiter. He his far behind in childcare payments, and has no plan for seeing the children (can't afford it). He has seen them for about 2 weeks in 2011 (since he moved). He cannot give me a future plan.

Should I allow the divorce decree to stay as is, or is it in my and the children's best interest to go for full custody? If I should change it, what is the most cost effective manner? Also, how do I make him pay the childcare? I am perfectly willing to work out a visitation schedule with him, but he cannot give me a plan.

 

[Silverplum]

What is the name of your state (only U.S. law)? Connecticut

Divorced in October 16, 2008. Joint-custody with father, though he never had them fully 1/2 time, his living in CT did help relieve some of the financial burden. No child support or alimony upon divorce. He is supposed to pay me 1/2 childcare charges. Summer of 2010 he went down to GA (from CT) to live with his girlfriend for a few months. He came back, and then moved permanently in January 2011. He had no job (ever since we divorced). He did start employment a few months ago as a waiter. He his far behind in childcare payments, and has no plan for seeing the children (can't afford it). He has seen them for about 2 weeks in 2011 (since he moved). He cannot give me a future plan.

Should I allow the divorce decree to stay as is, or is it in my and the children's best interest to go for full custody? If I should change it, what is the most cost effective manner? Also, how do I make him pay the childcare? I am perfectly willing to work out a visitation schedule with him, but he cannot give me a plan.

IMHO, there's no point in messing with (and paying for) the actual custody matter at this time.

What DOES need fixing ASAP, however, are two issues:
1. Child support. File for it in your county. You can contact your local CS Enforcement office and get it done for free (at their speed), or file for it yourself. You could hire an attorney to explain stuff to you or to help you file. Or you could read and learn how to do filings -- we've all done that sort of learning to save $$ on attorney fees.

2. Visitation schedule. You can research them online, pick one you like/find fair, assign ALL travel expenses to Dad (he moved and created the costs), and file it as your new proposed long-distance plan. The court will likely approve it as long as Dad doesn't object.

Your court order already orders Dad to pay his portion of child care expenses. (Or at least that's how I read your post.) Send him a bill, give him 30 days to pay: if/when he doesn't, you file for contempt on that issue. Keep doing it. After about 3 times of nonpayment, you could ask that his wages be garnished for child care along with child support, since he can't be bothered to make the payments on his own.

 

[CTmom777]

Thanks, this helps. Question about visitation....

Does the visitation schedule have to be submitted to the court, and if so, how?

 

[Silverplum]

Does the visitation schedule have to be submitted to the court, and if so, how?

Yes, it does. Only a new court order overrules an old court order.

http://www.jud.ct.gov/forms/grouped/family/modification.htm

http://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/ChildVisitation/visitation.pdf

Remember to spell out birthdays, mother's/father's days, holidays, school breaks, etc. in the new parenting plan.