Child Custody

[pucker]

What is the name of your state? Missouri


I will try to make this as brief as possible. I have a 5 year old son. I was never married to his father and i have always had custody of him. We do have a child support order in place, but nothing about custody. When my son was 1 i moved from Il which is where his father lives and moved to Missouri. I want to try to get an order showing i have sole custody and gettin visitation for his father.His father has been in a lot of trouble and has been in and out of jail. Will they consider this when i go for custody. Can he use me leaving the state against me to try to get custody of him? Is their anyway i can do this without getting a lawyer? Also am i responsible to help him get him on the weekends. He doesn't have a car, so if he can't get someone to bring him out he will meet me at a bus stop to get him? Also is it true that when he goes to his fathers house that he has to have a room for him or can they share. Currently his father is living with his dad and they only have a 2 bedroom place.

 

[jez51]

If there is not a court order stating you can't move without permission of court or ncp, then no since you have already moved there is nothing he can do about it. Same thing with visitation.
You do need to do something about the custody and visitation.
You can ask that transportation cost be split, that way if he can't pick the child up or meet you half way, he can at least pay half the gas if you have to deliver and pickup. I see nothing wrong with your son sharing a bedroom with dad when visiting, except if maybe dad has a live-in girlfriend.

 

[stealth2]

Since you've had custody for thechild's lifetime, it's unlikely that he can change that absent a compelling reason (you're not a child molester, are you?). Visitation... since you moved, it is more likely than not that the judge will rule that you should at least be responsible for 50% of the travel - if not all of it. And ya know... I don't see a 5 yo boy sharing a room with his father during visitation to be a huge deal.

 

[pucker]

Thanks for the help. Do you know a way i can file for custody and visitation without using a lawyer. He will not help me with travel cost or anything. He doesn't even think he should pay child support. So far he has been doing a good job of not paying. If i refuse to meet him and make him come out to me and get him some way can he use that against me?

 

[Grace_Adler]

Yes, you can file without an attorney but it's not a good idea. You should at least go consult with one.

You will have to do a lot of research to put your stuff together. The courthouse also has motions you can file and summons.

Your visitation and custody order need to be very specific.

Some good places to start are www.deltabravo.net www. findlaw.com and I think the other one is www.divorcesource.com.