silveraccord04
Junior Member
What is the name of your state (only U.S. law)? NYS
Hello all, I am seeking advice regarding a possible settlement with my daughter's mother in our current family court custody case. We are currently in disagreement over several issues, however she has offered to settle to avoid trial. She stated she is willing to terminate child support in exchange for her having full custody of our daughter (I will still get visitation). The current child support I am paying is roughly $1100 a month, and it has devastated me financially as I have several bills and pretty much live check to check. The child support garnishment has made me fall behind on my debts. They way it seems to be going in court so far, and from what my lawyer was telling me is there is a very slim chance that if I go to trial I would even get full custody. Both myself and her mother are very good parents: NO domestic issues, NO criminal or drug history, NO allegations of abuse, etc. My daughter's mother has also filed a motion to move herself and my daughter several counties away (Probably 1 1/2 hour distance from my home), which the court recently granted. My daughter currently lives with her mother, and I get to see her 2-3 times per week on my days off from work. I am currently up in arms with the whole thing because I feel that the trial is going to be an ongoing thing, and it will get ugly. The judge also suggested for us to attempt to come to an agreement. Both my daughters mother and myself pretty much want to end this whole ordeal. However I am on the fence about just giving her full custody because I am not sure what the outcome will be in the future. My question is if I settle with my daughters mother and give up the possibility of having joint custody of my daughter, what rights am I giving up? Should I continue with the trial to possibly gain joint custody and remain paying child support? Please help!!!
Hello all, I am seeking advice regarding a possible settlement with my daughter's mother in our current family court custody case. We are currently in disagreement over several issues, however she has offered to settle to avoid trial. She stated she is willing to terminate child support in exchange for her having full custody of our daughter (I will still get visitation). The current child support I am paying is roughly $1100 a month, and it has devastated me financially as I have several bills and pretty much live check to check. The child support garnishment has made me fall behind on my debts. They way it seems to be going in court so far, and from what my lawyer was telling me is there is a very slim chance that if I go to trial I would even get full custody. Both myself and her mother are very good parents: NO domestic issues, NO criminal or drug history, NO allegations of abuse, etc. My daughter's mother has also filed a motion to move herself and my daughter several counties away (Probably 1 1/2 hour distance from my home), which the court recently granted. My daughter currently lives with her mother, and I get to see her 2-3 times per week on my days off from work. I am currently up in arms with the whole thing because I feel that the trial is going to be an ongoing thing, and it will get ugly. The judge also suggested for us to attempt to come to an agreement. Both my daughters mother and myself pretty much want to end this whole ordeal. However I am on the fence about just giving her full custody because I am not sure what the outcome will be in the future. My question is if I settle with my daughters mother and give up the possibility of having joint custody of my daughter, what rights am I giving up? Should I continue with the trial to possibly gain joint custody and remain paying child support? Please help!!!