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My friend is worried.

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misslawli

Member
What is the name of your state? Az
I have a friend who has a 3yo boy. She and her X have been broken up for a year now. He found a new GF before he told my friend to move out. In August she finally filed for child support(they were not married.). In October she made a deal with the X that she would drop support if he would take reagular visitation with his son. She was unable to get the support dropped so she just started giving the money back to him when he picks up the child. (we told her that he should not be PAID to see his son.) Of course there have been problems with the GF. X picks up son on Thurs night and he is dropped off usually sat or sun morn. The X was never really there the first 3 years. Son turned 3 in Oct. Even though they lived together off and on the majority of that time.
The child has SEVERE asthma. When the child was around 8 months, the X on several occasions smoked pot in the car or same room with the child. My friend asked him not to smoke around the child so he quit seeing him all together. He has been quite sick lately and X and GF REFUSE to give him his meds.(which are all very expensive and X refuses to help with any thing reguarding medical costs. Now all of a sudden after 3 months of fairly regular visitation He thinks that he and his Gf are better parents. They keep telling my friend that since she has volentarily given them the oppourtunity to spend 2-3 nights with the son in thier care they are going to sue for custody because she is "abandoning" her son. They say son is always sick because she smokes, and since there is two of them they can provide better for him. Thier "proof" that she is unfit is because she is living with her parents. They 'believe' antibiotics are bad and therefore refuse to give them to him. She is a light smoker. She NEVER smokes near him. Mostly at work and Socially.
I am sorry this is so long. I keep telling her that she doesn't have anything to worry about, but there is no CO for visitation or custody. I told her to get this taken care of right away. She is worried that because GF's family is rich, she will not be able to win. I guess my legal Q is: do they have any merrit? I told her no, but I want to make sure.
 


stealth2

Under the Radar Member
It's impossible to say what a court would decide.

But for the sake of her child, if his asthma is that severe and he's been quite sick for a while - she should quit smoking completely, around him or not.
 

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