Child Custody

[PamIam]

5 years ago my fiance went to court and got joint custody of his 2 daughters. Today they are 8 and 11. The decree states that the father has the girls 9 months of the school year and 2 weeks during the summer. The mother can have the girls 2 nights during the week, every other weekend and 2 1/2 months during the summer. Since the decree has been set the mother has never picked the girls up during the week and has never gotten the girls during the summer. The mother never pays her child support so we get her income tax check every year and since she doesn't take the girls during the summer she draws up a statement for the father to sign that states she does not have to pay child support during those months. What are the chances of the father getting full custody of the girls if he were to go back to court based on the history of this case?

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Child custody and child support are two different things and are not dependent upon each other. She would still be obligated to pay child support for her minor kids, even when they only live with your fiance.

She can terminate her parental rights.

As to custody, your fiance should hire a family law attorney to bring a motion to amend the original court order because the mom is pretty much in contempt. She has not abided by the court order and as such, you seek fully legal and physical custody.

 

[LegalBeagle]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Child custody and child support are two different things and are not dependent upon each other. She would still be obligated to pay child support for her minor kids, even when they only live with your fiance.

She can terminate her parental rights.

As to custody, your fiance should hire a family law attorney to bring a motion to amend the original court order because the mom is pretty much in contempt. She has not abided by the court order and as such, you seek fully legal and physical custody.

I have to disagree lawbaberat. She can not just 'terminate her parental rights'. I agree that they need to file for a change in custody and visitation, but the contempt is with CS. You can not be in contempt for failure to exercise visitation.