What are My Chances

[Chamillion]

What is the name of your state? Texas

I have a 4 yeard old daughter. Her mother and I shared her REAL half time around the time she turned two. I've had her Mon-Fri and sometimes the entire week and weekend for the past 9 months. Her mom isn't very involved right now as she works a few jobs tryign to pay her bills. She has never been a very good mother, always putting herself before her child. Even on the weekends when she has time to keep her, she'll drop her at my grandparents house or at her moms house. When were sharing her half time, she was not keeping her very often then either, dropping her off at my grandparents all the time! About 3 months ago she was arrested for government fraud (food stamps) and she is awaiting her court date.

I have great suspicion that she has been using drugs, primarily marijuana from evidence left in her car. Although I know she has a boyfriend who's probably into it, she has been known to do it in the past.

With me keeping her the majority of the time, having a stable home and income, being engaged to a great woman whom my daughter loves, and having always displayed the attitude of keeping her first in my thoughts and actions...what are my chances of getting custody?

 

[BelizeBreeze]

What is the name of your state? Texas

I have a 4 yeard old daughter. Her mother and I shared her REAL half time around the time she turned two. I've had her Mon-Fri and sometimes the entire week and weekend for the past 9 months. Her mom isn't very involved right now as she works a few jobs tryign to pay her bills. She has never been a very good mother, always putting herself before her child. Even on the weekends when she has time to keep her, she'll drop her at my grandparents house or at her moms house. When were sharing her half time, she was not keeping her very often then either, dropping her off at my grandparents all the time! About 3 months ago she was arrested for government fraud (food stamps) and she is awaiting her court date.

I have great suspicion that she has been using drugs, primarily marijuana from evidence left in her car. Although I know she has a boyfriend who's probably into it, she has been known to do it in the past.

With me keeping her the majority of the time, having a stable home and income, being engaged to a great woman whom my daughter loves, and having always displayed the attitude of keeping her first in my thoughts and actions...what are my chances of getting custody?

Based on the facts in your post, zero.

 

[Chamillion]

Okay, well what does a court need to see in order to transfer custody over to me? She has never played her role of Primary Custodian, its always been me doing that. I'm the one who takes her to the doctor, who she lives with 90% of the time. Takes her to school and picks her up from daycare. My God, what does it take??

 

[BelizeBreeze]

Okay, well what does a court need to see in order to transfer custody over to me? She has never played her role of Primary Custodian, its always been me doing that. I'm the one who takes her to the doctor, who she lives with 90% of the time. Takes her to school and picks her up from daycare. My God, what does it take??

well, it takes a few FACTS. Like, did you ever go to court for a custody order?
Was paternity proven IN COURT?

you know, just the facts.

 

[Chamillion]

Yes there is a custody order. We went to mediation, and I have established that I am the legal father, signed the birth certificate etc..This was all done between 0 and 6 months.

 

[BelizeBreeze]

Yes there is a custody order. We went to mediation, and I have established that I am the legal father, signed the birth certificate etc..This was all done between 0 and 6 months.

Then you can file for a change of custody. but from what you said in your first post, I doubt there is enough 'change of circumstance' that would allow the court to order any such change.

You might be better off filing a motion to amend the child support order but since you never mention anytihng about what you're paying, there's no way to know what to advise.

 

[Chamillion]

Hey, I really appreciate your help. We have worked out an arrangement that as long as I have her and maintain a relationship with her the way I have, she won't make me pay child support. There is however an order in place, and she has never shown to be vindictive, so I don't worry much about her enforcing the order. Then again, people can surprise you. Thanks again Belize breeze.

 

[BelizeBreeze]

Hey, I really appreciate your help. We have worked out an arrangement that as long as I have her and maintain a relationship with her the way I have, she won't make me pay child support. There is however an order in place, and she has never shown to be vindictive, so I don't worry much about her enforcing the order. Then again, people can surprise you. Thanks again Belize breeze.

I will tell you this then you need to go see an attorney. Because it's going to bite you in the ass.

You are in contempt of the court order. SHE doesn't get to ignore it anymore than you do. The second you file for custody, she WILL file contempt charges against you. And in some states, (like Missouri) being in arrears of child support automatically precludes you from filing for support.

Now, do you want the court to award her a $10,000 or more arrears award or do you want to insure your future? GO SEE A LOCAL ATTORNEY.

 

[seniorjudge]

Hey, I really appreciate your help. We have worked out an arrangement that as long as I have her and maintain a relationship with her the way I have, she won't make me pay child support. There is however an order in place, and she has never shown to be vindictive, so I don't worry much about her enforcing the order. Then again, people can surprise you. Thanks again Belize breeze.

Hie thee to a lawyer yesterday!

You are being set up, pal.

There is no way she can release you from a court order!

 

[CJane]

Hey, I really appreciate your help. We have worked out an arrangement that as long as I have her and maintain a relationship with her the way I have, she won't make me pay child support. There is however an order in place, and she has never shown to be vindictive, so I don't worry much about her enforcing the order. Then again, people can surprise you. Thanks again Belize breeze.

You haven't paid child support AT ALL in 4 years?

Dude, you are so screwed. ESPECIALLY if mom is on state assistance.

 

[ceara19]

I will tell you this then you need to go see an attorney. Because it's going to bite you in the ass.

You are in contempt of the court order. SHE doesn't get to ignore it anymore than you do. The second you file for custody, she WILL file contempt charges against you. And in some states, (like Missouri) being in arrears of child support automatically precludes you from filing for support.

Now, do you want the court to award her a $10,000 or more arrears award or do you want to insure your future? GO SEE A LOCAL ATTORNEY.

Being in arrears won't statutorily preclude him from FILING for custody, but it makes his chances of being awarded custody very slim. It's possible that his actual court order could prevent him from filing until he's current though, but since I haven't read his order, I don't know if it applies.

 

[BelizeBreeze]

Being in arrears won't statutorily preclude him from FILING for custody, but it makes his chances of being awarded custody very slim. It's possible that his actual court order could prevent him from filing until he's current though, but since I haven't read his order, I don't know if it applies.

as I said, in some states, Missouri is all I can say to a certainty, if arrears are owed on a court initiated support order, then by statute no petition will be accepted until the arrears are satisfied.