Can this really be a Custody Battle?

Katie Lee - posted on 12/02/2012 ( 6 moms have responded )

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I need legal opinions on this subject, even though I value your personal opinions on the situation. A long story short, I signed divorce papers that had wrong information on it, as in it said I had an income and that I was agreeing to $400 in child support when that was not the case. I have dated messages that says he would send a notarized form to saying he pays $650. Mind you, the state would make him pay $900. He got mad at Me and said he was only going to send $400 from now on and if I take it to the child support office he would take me to court for full custody. Only a moron judge would decide that he is a better parent than me. The guy never calls to ask about his son, the only time he had visitation with our son he openly admitted that he had no idea what Rowan had been eating while both of them stayed at his mom's house and that he didn't even change diapers. This is the first time he has seen him since returning from a year tour of Korea in the Army. Our son is only 14 months old. After a 5 day visit, he tried returning our son 5 hours early while I was trying to clean a house for money. When he does drop our son off he is sick, I take him to the doctor and he had gotten bronchitis. So that is just a little exert to show you how much he really cares. Well I am a full time student graduating in 3 months, my only income is food stamp, WIC, and his child support. So of course I will be going to the child support office to have him pay the full amount because that is the only money I have to support our son. My question is, he actually thinks that he can win a custody battle because I am 5 months pregnant and our divorce was just finalized even though I have dated messages from him saying he wanted a divorce 4 months before I even met my boyfriend. I also have messages that he finally admitted to having a gf and that was the main reason for the divorce besides the fact that we did not marry for love. After I laughed and told him how that would not work. Now he is trying to gather up proof that I cheated on him before he wanted a divorce. I told him a long time ago that I had kissed another man but that we did not have sex. He thinks the phone he stole from me with text messages between me and the other man prove that we did. So from your experience, do you think he can build up some kind of case to actually win? Here are some other facts: We have agreed joint custody. He had a choice to getting a house or living in the barracks and he chose to live in the barracks which he can not bring our son for his visitations. He is stationed in TX and I live in GA. I was in the Army when we met.

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Michelle - posted on 12/02/2012

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Go in and tell them that the situation has changed and what was originally agreed upon was not in the agreement did you not have a lawyer go over the document before you signed it.

Katie Lee - posted on 12/02/2012

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What if the child support order was just made? Do you think they will still reevaluate the situation when I tell them how I felt forced to sign the agreement knowing that the information was incorrect and the amount is not what we agreed?

Michelle - posted on 12/02/2012

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Layce is right and child support is never set in stone situations change and the child support can be reassessed once a year if that is what you wish to do, so take your support order to maintenance enforcement and ask to have him reassessed you will have to give them your last 3 tax returns I do believe. Then the support order will get changed to what it should be and there is nothing he can do about it.

Lacye - posted on 12/02/2012

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Ah ok. Then unless he can prove you are putting the child's life in danger, I wouldn't too much worry about it. Nothing much he can do.

Katie Lee - posted on 12/02/2012

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Thanks but we already have joint custody. He is trying to become the primary parent though.

Lacye - posted on 12/02/2012

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He might not be able to get full custody, but he will get joint custody. Let him bring up your personal life. The judge isn't going to give two shits about that. It's not about your personal affairs. The whole thing is about the welfare of the child. Unless your personal life is putting the child in danger, the judge is going to tell him to shut the hell up. Judges don't have time to listen to he said/she said BS.

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