Child Custody

[PennyMead]

My child support and custody papers were filed in North Carolina. My ex-husband has NEVER really tried to exercise his visitation rights. The IRS has decided to send his tax refund to me for the back child support that he owes. Now that this has happened, he is threatning to take me to court for custody of my children. The original custody papers say that I have Primary Custody. Can you please explain this to me? Can my childrens father actually gain custody of them even though he has not attempted to see them in over 5 years? Please let me know.

 

[789okforme]

Since your ex has not exercised his visitation rights in 5 years, I don't think a judge will award him custody. He would have to prove that you are an unfit mother. From everything I have read, the judges see through crap like fathers trying to get custody so they won't have to pay child support. I would keep a journal of when he actually does call or come to see his kids. It may help you out if it goes to court.