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Child custody and support legal question.


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I don't know where to start.

 

I was divorced back in March. We have shared custody, but we just wrote up our own divorce and she took in the notrized paper work into court. I wasn't there, but she said that the judge could have awarded her money if she wanted to take it for child support. She said "she was too nice to do that."

 

Well fast forward, I do everything for my son. He stays with me pretty much 24/7. He goes to his grandma's every other Friday night b/c I work Saturday and I normally pick him up Saturday after work or Sunday afternoon. Other than that I do everything.

 

I wake up every morning, get him ready for the day and take him to the baby sitters. She does pay for half of the babysitter. His food, his clothes, everything I buy.

 

Now, she picked him up today b/c she told him she would. I've been working all day and I didn't want to pick him up in Ashville, I wanted to meet halfway. We got into an agrument. I basically said, I do everything for my son how about you do it for a couple weeks. Then I get a text like this after telling her that.

 

Again not my fault that you picked to work at that store and live where you live. And maybe ill just put him and daycare and go get child support :)

 

Now I know it'd drive her crazy to watch him everyday, she doesn't even like kids (she does love her son). She just basically thinks b/c she's the mom she could do any of that.

 

Can I file to get child support? and does anyone think she'd actually get any merit if she did try to go get child support?

 

The only thing is, I love this kid. More than anything in the world. I don't want to use him against his mom b/c I hate her. She would do that to me though. Basically which ends in me driving to Ashville and not getting home until 9:30 tonight.

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any reason she is not a fit mother? from what I have seen if she wanted to could fight for custody and get child support. they always favor the mother. maybe you should start documenting everything you buy and all the arraingments. so if in the future you can prove you were to main care giver.... Good luck!
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I talked with my wife and she really believes you need to sit with an attorney. If anything to discuss your options as you may not necessarily have anything to fear. However, if you do not get the full answer you could be leaving yourself exposed to further leverage from your ex.

 

You'll need to bring all paperwork and agreements you had. What county was your paperwork filed in?

 

You have PM

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my brother is going through the same kind of crap you NEED to document everything you possibly can all your meetings, conversations, text messages, EVERYTHING! The problem is in Ohio the mother has all the rights. youre best bet is for her to give you 100% custody of the child. If she does sign a legal document saying she will give you complete custody you are golden. My brother has paid thousands in lawyers fees to fight his baby's momma and its always come down to the mother has the rights. Good Luck.
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You don't to prove a woman to be unfit anymore for the man to be awarded custody of a child. It is as traumatic for the child to be w/out the father as it is the mother. That said, You have a stronger case simply cause this is what the child knows. He is familiar with this routine. For her to uproot him and subject him to a totally new environment is a strike against her. You should seek an attorney and fight for sole custody, if you can afford it....it wont be cheap. If she's in no position to financially fight back, then it shouldn't be that hard for you to achieve this.

Good luck and it sucks when two people can't get along they use the child to hurt the other person. Fucking bitches need to read statistics and see all the deadbeat assholes out here that want nothing to do with their kids. These woman have a man that wants to be a part of their lives(the child) and they dont want that...they want to turn the father into a monthly check, weekend dad bullshit.

 

Good luck, Bro.

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See it all too often... documentation is key. Every text message, voicemail and purchase needs to be documented and kept. Courts are wising up to the theory of the court always favors the mother and realizing that the father is the best sometimes. But if you already have court paperwork showing shared parenting then you are good. You should have that paperwork at all times anyways in case she wants to make some stuff up about custody arrangements.
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Here is the main key. Did you guys get all the custody stuff in writing when your divorce was final? If you did and you both signed off on child support which you would have had to in order to finalize your divorce then you will have to open everything back up again in order for either of you to get child support. There is a child support worksheet that has to be filled out when children are involved and their is a divorce regardless if you pay or not. It actually becomes part of your divorce degree and custody papers.

 

My ex and I signed off on shared parenting and we had to sign a form stating she would have gotten so much in child support but we were not going to do child support. I asked my attorney a few months back about this and she stated that since we signed off on it then we would have to open up the entire custody case and she can not guarantee the outcome to be as favorable as it is now. So I decided to leave the issue alone.

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That sucks Jon...

 

I looked into all of this for a friend of mine a couple months ago, and he ended up getting custody of his kid. The mom had a record, and it didn't look good on her, and I only know of one thing your ex has done, but still... Probably a similar situation.. Goodluck.

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My brother got full custody of his daughter away from his ex-wife. She wasnt an alcoholic or a drug user but she was white trash... not sure if the courts recognize that or not. Long story short they got into a big dispute, he won, he officially gets custody December 1st. So it is possible for the father to get full custody.

 

But you should definitly consult a lawyer, no matter what.

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