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How to go about this situation

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Silverplum

Senior Member
Hello, I live in Arizona, and I am in a unique situation and I'm hoping to get some advice on how to go about it. It's a long story (sorry) but it's as short as I could make it. Any advice would be greatly appreciated. Thank you in advance.

My ex got me for child support based on lies when I was 18, the judge even caught her in a lie and reduced my payment amounts... but right after the child support was established, she took my son and disappeared. That actually runs in her family.

At the time, I was just 18. I didn't know what to do. I tried getting a lawyer, but couldn't afford it. I was also seriously injured in a car accident around that time, and was not able to make my child support payments regularly.

A year later, she called and asked for double payment because she needed a couple things and needed to get her nails done. When I asked about my son she said he's with her mom and hung up.

At that point, I stopped paying child support. I called DES and told them everything, but they don't care. They didn't help at all. They didn't care she wasn't raising him or that I haven't seen my son.

So a few years went by with me searching for her, then finally I found a phone number and called. It was her moms number in another state. I ended up talking to her and at the time, my son was already 6. She told me she had been raising him since they left Arizona.

I talked her into letting me come see him and I did. Everything was great. Then shortly after I got back to AZ, my ex went and took my son and moved to another state to live with her sister. I got the number from her mom and called. I then visited there couple times.

Suddenly she moved back to the original state, and I haven't heard anything since. Her moms number changed, her sister hasn't talked to her, and he is now almost 11 and I'm 28.

I just found her again yesterday, and now she has a warrant for her arrest for DWI. I also found out she was in court for domestic violence with children... which I think is from a drunk boyfriend. So now, her sister just told me she would back me up because my ex is not a good mother, very unstable.

Also, over the years, I gathered information such as phone recordings (talking about drugs, neglect, etc), a letter from her mom stating the history, her sister saying she's an unfit mother, and more. Plus, she wasn't raising my son and not giving her mom any of the child support money. Her mom also stated that in the letter.

I have a home with a bedroom ready for my son. I want to raise him and have always wanted to be part of his life. His entire family is in Arizona. She has kept him away from us and I think it's because she's affraid to lose him to us, even though we always offered help!

My goals are to get custody, and get the child support off my record. What would be the best way to go about this?
Again, I would greatly appreciate any help... Thank you!
Hire an attorney and get acquainted with reality.

The CS does NOT "go away," even if you tell the CS people all about your reasons why. The CS has been accumulating arrearages with interest, and it is not a debt you can discharge in bankruptcy. You're SOL on the CS issue.

As far as gaining primary physical custody -- if Mom doesn't just hand the child over, I doubt you'll ever have primary. It's nearly impossible for an involved, CS-paying parent to switch custody.
 

Zigner

Senior Member, Non-Attorney
You need to speak with a local family law attorney. This is not a "do-it-yourself" project (even with the generally excellent advice you will receive here)
 

Silverplum

Senior Member
Nevermind. Thank you.
???????????????????


*edited to add:* I see you hung around a while after you tried to erase your post, az"good"guy. You erased because you didn't like the legal answer, didn't you? :rolleyes: :rolleyes: :rolleyes:

Mommie is sooooo sowwy she didn't make it all better, bay-bee. Pweeze don't throw a tantrum! :p
 
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