Thursday, May 8, 2014

How hard is it to lose sole custody of your child.The other party is taking me to court threatening to get anything from joint to full custo...

Question

How hard is it to lose sole custody of your child.The other party is taking me to court threatening to get anything from joint to full custody. He has supervised visits right now and won't use them . And is 16k behind is support. We tried mediation but never signed or submitted any paperwork. He never used the visits he requested. Until one day he asked and I said no because we had plans.



Answer

If you have not already done so, you need to consult directly with a family practice attorney in your area. There are way too many variables to assess the likelihood of custody being changed in a particular case. If you delay getting advice based upon the particular facts of your case, it might hurt your chances in court.

Generally, if there is evidence of mistreatment or neglect while the child is in the custody of one parent, the other might prevail in getting the Order changed. If the custodial parent is preventing the other parent from having visitation, that might support a change. But, many times it is one parent trying to get out from under an a support obligation that they cannot meet. You said that the other parent is behind on support, and does not have much visitation with the child, so that might be the case here.

Again, before you decide how to respond, you need to consult directly with an family law attorney. You might start with the attorney that represented you in the divorce/custody case.

Good luck



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