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Custody

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momof3nji

Member
What is the name of your state? NYC
I’ll try and make it short. My ex has never been a part of our now 15 year old son. I have been in and out of court for years trying to get him to pay child support. We were just in Supreme Court in November 2018 and they ruled that the visitation would be handled between them on when they would visit and I have no part in this. My son has chosen not to contact his father unfortunately. He did spend some time during court proceedings because his law guardian asked him to and he was compliant and did so. He has no feelings for his father and wishes not to know him sadly.
so since court he had not paid any support that was established and I brought him back this summer. He told the referee that he didn’t notice that the support was not being taken out of his paycheck. So since then the order of arrears was put in and he is paying that back at random times and amounts(I won’t argue with that). But he still is not paying the monthly support. Now he has decided to take me back to court making allegations that I let our son drop out of high school which he has not. He is actually homeschooling and we are registered with the DOE and he is also stating that I let my son meet strangers off the internet to buy and sell clothing. My son uses a website and we go to the post office to ship any items and or pick them or up or they are delivered. I know he is doing this to get out of paying support but I know how corrupt our judicial system can be and I’m wondering if there is any chance that he could possibly win custody of our son? My son said he would basically run away if that ever happened. Any suggestions or answers would be grateful appreciated.
With gratitude,
Momof3nji
 


Zigner

Senior Member, Non-Attorney
It's highly unlikely that he'll win physical custody, but you could get slapped (figuratively speaking) by the court for not facilitating the visitation.
 

momof3nji

Member
It's highly unlikely that he'll win physical custody, but you could get slapped (figuratively speaking) by the court for not facilitating the visitation.
They had visitation while in supreme court, but I am not the facilitator because my son only did it because they had asked him to. I have nothing to do with the visits. I was very proud of my son for at least trying. I can't force him to see his father at the age of 15, he doesn't even know him nor does he want to which is sad.
 

Zigner

Senior Member, Non-Attorney
They had visitation while in supreme court, but I am not the facilitator because my son only did it because they had asked him to. I have nothing to do with the visits. I was very proud of my son for at least trying. I can't force him to see his father at the age of 15, he doesn't even know him nor does he want to which is sad.
You misunderstood. It is YOUR JOB, as the custodial parent, to ensure that court-ordered visitation happens as ordered (unless, of course, dad refuses/misses the visitation). The fact that you are allowing your 15 year old child to choose whether or not he goes for visitation means that you are not doing your job. Does your 15 year old run things in your house? Can he ignore you when you tell him to go to bed? Can he ignore you when you tell him to go to school? Can he ignore you when you tell him that he's going to see the doctor or the dentist?
 

momof3nji

Member
You misunderstood. It is YOUR JOB, as the custodial parent, to ensure that court-ordered visitation happens as ordered (unless, of course, dad refuses/misses the visitation). The fact that you are allowing your 15 year old child to choose whether or not he goes for visitation means that you are not doing your job. Does your 15 year old run things in your house? Can he ignore you when you tell him to go to bed? Can he ignore you when you tell him to go to school? Can he ignore you when you tell him that he's going to see the doctor or the dentist?
No I'm sorry you misunderstood. There is NO order placed for visitation at all. They my ex and son can decide on their own when to visit each other. I am not part of it at all. It is in the court order. And I have a very open and peaceful parenting in our home. I have a 23 year old son and my foster son is 14. I don't think that they would allow a foster child to live with a single mother if they thought my parenting skills weren't up to par. They also ask me to help them with the parenting classes at the foster agency. My 15 year old is a self directed learner and an entrepreneur. He is very well rounded as is my 23 year old music composer. I am truly sorry you feel that my parenting skills are not to your satisfaction. But the father of my child has not been a part of our child's life since he was a baby. And now that I had taken him to court for support is the time you want to see your son and take him away from the only parent that has ever been there for him? It's okay you are entitled to your opinion. Have a blessed day.
 

Zigner

Senior Member, Non-Attorney
No I'm sorry you misunderstood. There is NO order placed for visitation at all. They my ex and son can decide on their own when to visit each other. I am not part of it at all. It is in the court order. And I have a very open and peaceful parenting in our home. I have a 23 year old son and my foster son is 14. I don't think that they would allow a foster child to live with a single mother if they thought my parenting skills weren't up to par. They also ask me to help them with the parenting classes at the foster agency. My 15 year old is a self directed learner and an entrepreneur. He is very well rounded as is my 23 year old music composer. I am truly sorry you feel that my parenting skills are not to your satisfaction. But the father of my child has not been a part of our child's life since he was a baby. And now that I had taken him to court for support is the time you want to see your son and take him away from the only parent that has ever been there for him? It's okay you are entitled to your opinion. Have a blessed day.
Got it - I'm glad you clarified. If there is no specific court ordered visitation schedule, then expect one to be implemented.
 

momof3nji

Member
Got it - I'm glad you clarified. If there is no specific court ordered visitation schedule, then expect one to be implemented.
Thank you for understanding, but isn't supreme court higher than family court? And I don't have a problem with the visitation at all, the father was never compliant and my son does not want to be bothered and I can't say that I blame him at all unfortunately. Why should he be pushed into a relationship with someone he has 0 respect for? I just want to live on an island and be happy lol.
 

momof3nji

Member
While logic would think that would be correct one has to wonder why it wasn't ordered November 2018.
Honestly, because I think they saw the truth of the matter and realized that you cannot force another human being of any age to accept a relationship with someone you do not feel comfortable with? I wouldn't want someone to force me to have a relationship with anyone that I don't want to. Children are smart and teens even smarter, they what is and what isn't good for them.
 

momof3nji

Member
Honestly, because I think they saw the truth of the matter and realized that you cannot force another human being of any age to accept a relationship with someone you do not feel comfortable with? I wouldn't want someone to force me to have a relationship with anyone that I don't want to. Children are smart and teens even smarter, they what is and what isn't good for them.
They know I meant to type.
 

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