Child Custody

Ayana - posted on 12/27/2014 ( 3 moms have responded )




Hello everyone, I need advice because this past Monday I was served with papers from the Madison County Sheriff stating that my sons dad was trying to become the "Residential Parent" (basically trying to get custody of our one yr old son) he listed that he wants me to have visitation every other week, and wants me to pay child support. Upon receiving these papers Its been 5months as we speak that he has had any contact with his son. His last visit to be exact was July 5th 2013. Not a single phone call, text, or visit since then. This isn't the first time he has let months go by without nothing as much as a phone call, text etc. He doesn't pay child support because he receives disability (been receiving disability since he was a child himself) I have tried to collect child support from him more than once,and I was told that I could not receive child support from him because the type of SSI he receives they don't view it as income. In the entire yr since our son has been born he has NEVER NOT ONCE given me any money for him, he hasn't even bought a pair of shoes! He has bought things here and there, but its not nearly enough to sustain him, and its not consistent. He has listed on the papers that he served me with that he's disabled, and that disability is his only form of income, (which its not) but my question is, if he's disabled and disability is his only form of income and I can't even get child support to help support our son, how then will he be able to provide for him if granted sole custody? Secondly, my son doesn't know him, he is a complete stranger to my son, my son whines and fusses uncontrollably when his dad tries to have any contact with him, and that's because as i stated before, his dad isn't as involved as he should be. So my next question is, will the judge still grant joint custody to him even though my son doesn't know him???, plus he stays 3 hours away! He doesn't even make an effort to see him once every month and he's more than able. Is there anyway I can possibly get visitation but its supervised? Because I do not trust him, and this isn't the first time he's tried to take my son. And I don't trust letting my son go with his dad somewhere that's three hours away, in atmosphere he isn't familiar with around people he doesn't know? How can I fight this??? My son was also born with hearing loss in his right ear at birth , its permanent, and its been a long road since birth, he has had many issues regarding the loss of hearing, and his dad doesn't know a thing, i mean he knows he has hearing loss and thats about it, so how can he possibly be the residential parent when he knows nothing? Lastly, I live with my aunt at the moment with my son, I'll be moving soon, can my son's dad use that against to try to say that im unfit? So i wanna know how likely is it that I'll lose my son to him? How likely is it that the judge will grant joint custody when my son has no relationship whatsoever with him, and he stays 3 hours away? How likely it that my living situation will cost me my son? Help Me Please!!!$$


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Ev - posted on 12/28/2014




I have to agree with Jodi on that. There are a lot of questions here that need to be answered. I think you need to take a look at what is goine on.

Jodi - posted on 12/28/2014




Firstly, child support and custody are two different issues. The fact he isn't paying child support to you because he is on disability will have no bearing on whether he gets joint custody or not. And in answer to your question about his ability to support the child financially if he got custody, the fact is he would get child support from you.

Will he get joint custody of some sort? Possibly. He is the father and has as much right to see his son as you do. Has he asked to see his son in this time? Is it his disability that is preventing him from travelling the 3 hours to see his son? Who is the one who moved, you or him? Why does the father know nothing? Do you communicate with him about these things or do you not let him know what is going on with his child? Are you actively trying to facilitate visits with the father? These are all questions the answers to which may affect the outcome of your case.

Michelle - posted on 12/28/2014




You need to get yourself a lawyer. The laws are different from state to state and country to country.

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