Parental Alienation Syndrome ?

[Pearl72]

What is the name of your state? Colorado

I have custody of my daughter who is 4 1/2 years old. A little background, my daughter is biracial, and me and my ex has been threatning to get custody of our daughter since she started preschool in August.

My ex claims that my daughter is stating that she doesn't like black people all of the sudden, and it has only been said to his mother and to himself. I have asked my daughter about it and she claims she didn't say anything. My ex is stating that our daughter told him that my mom told our daughter that black people are bad etc... which i KNOW is not true. My ex says he is taking me to court now for PAS or parental alienation syndrome? My mother watches her while i work so i can support my daughter since i rarely get any child support from her father. She sees her father and his family every other weekend and every other tuesday... and i have given him extra time above that as well, even though he doesn't pay the support on a regular basis. What are his chances of getting custody over this? I know this isn't true, and i strongly believe it is a ploy to try and get custody of our daughter since he has no other case to gain custody of her... any thoughts would be greatly appreciated. Thanks

 

[Neal1421]

What is the name of your state? Colorado

I have custody of my daughter who is 4 1/2 years old. A little background, my daughter is biracial, and me and my ex has been threatning to get custody of our daughter since she started preschool in August.

My ex claims that my daughter is stating that she doesn't like black people all of the sudden, and it has only been said to his mother and to himself. I have asked my daughter about it and she claims she didn't say anything. My ex is stating that our daughter told him that my mom told our daughter that black people are bad etc... which i KNOW is not true. My ex says he is taking me to court now for PAS or parental alienation syndrome? My mother watches her while i work so i can support my daughter since i rarely get any child support from her father. She sees her father and his family every other weekend and every other tuesday... and i have given him extra time above that as well, even though he doesn't pay the support on a regular basis. What are his chances of getting custody over this? I know this isn't true, and i strongly believe it is a ploy to try and get custody of our daughter since he has no other case to gain custody of her... any thoughts would be greatly appreciated. Thanks

Is there a support order?

Is there a custody order?

 

[Pearl72]

Yes there is a court order and support order in place. He gets her every other weekend, and every other tuesday, and supposed to be paying $278 a month in child support.

 

[Neal1421]

Yes there is a court order and support order in place. He gets her every other weekend, and every other tuesday, and supposed to be paying $278 a month in child support.

Although it could happen, I seriously doubt he would get custody based on what you have posted. Also, if he is not paying support as ordered the judge will take that into consideration if it goes before the court.

Has he been found in contempt for non payment of support?

 

[ceara19]

Although it could happen, I seriously doubt he would get custody based on what you have posted. Also, if he is not paying support as ordered the judge will take that into consideration if it goes before the court.

Has he been found in contempt for non payment of support?

Child support and custody/visitation are 2 totally seperate matters. Unless the current order specifically prohibits a modification of custody/visitation unless the CS is current, one has no effect on the other.

 

[weenor]

Child support and custody/visitation are 2 totally seperate matters. Unless the current order specifically prohibits a modification of custody/visitation unless the CS is current, one has no effect on the other.

You are correct that legally the two are mutually exclusive. However, the first thing any domestic relations lawyer asks their new client seeking custody modication is, "is your child support current". Why? because if a parent is seeking a modication of custody the judge will doubt the sincerity of that parent's claims when he doesn't care enough about the kid to the support current.

 

[betterthanher]

What is the name of your state? Colorado

I have custody of my daughter who is 4 1/2 years old. A little background, my daughter is biracial, and me and my ex has been threatning to get custody of our daughter since she started preschool in August.

My ex claims that my daughter is stating that she doesn't like black people all of the sudden, and it has only been said to his mother and to himself. I have asked my daughter about it and she claims she didn't say anything. My ex is stating that our daughter told him that my mom told our daughter that black people are bad etc... which i KNOW is not true. My ex says he is taking me to court now for PAS or parental alienation syndrome? My mother watches her while i work so i can support my daughter since i rarely get any child support from her father. She sees her father and his family every other weekend and every other tuesday... and i have given him extra time above that as well, even though he doesn't pay the support on a regular basis. What are his chances of getting custody over this? I know this isn't true, and i strongly believe it is a ploy to try and get custody of our daughter since he has no other case to gain custody of her... any thoughts would be greatly appreciated. Thanks

This isn't even remotely close to PAS.

 

[Neal1421]

You are correct that legally the two are mutually exclusive. However, the first thing any domestic relations lawyer asks their new client seeking custody modication is, "is your child support current". Why? because if a parent is seeking a modication of custody the judge will doubt the sincerity of that parent's claims when he doesn't care enough about the kid to the support current.

That was my reason for asking, because it will indeed look as if the NCP is trying to get out of support by trying to get custody in this case based on what the OP has posted.