View Full Version : Does any one know?


sassy
1-21-03, 09:04 PM
Is their any lawyers in the house :D

My ex is taking me to court to fight for custody of my two oldest boys :cry:
He is upset with me for actually wanting some child support for them. I have been trying to get child support for 5 years now and it is finally going through.
Well he called me tonight and said he will be fighting for full custody of the boys and his lawyer stated they are of age to choose who they want to be with.
Does anyone know if this is true? :cry:
I will die with out my children and I can't believe he is going to actually do it this time. He has said it before but now he is going through with it since I am asking for support.

Once again does anyone know anything about rights? Any words of advice would be appreciated :(

Caligula
1-21-03, 09:26 PM
I'm not a lawyer by any means, but I'm indirectly going through the same type of situation

My girlfriend is trying to get child support for her kids. The father is now threatening to go fight for custody.

Basically her lawyer said, the courts frown on deadbeat dads who try to use scare tactics like this .( but it's still a traumatic experience as you can never be 100% certain
If he hasn't made child support payments voluntarily thats one strike against him as it shows his obvious commitment
If a child has been brought up with one parent in a loving home with all the neccesities needed than the courts will disturb the family

I don't know what the age where a child can determine on their own where they choose to live, as it's sort of unfair. the parent who has custody has to usually be the decipliner and make children do what they don't want. where the weekend father shows up with gifts etc looking like a hero.

Milani I think this is a scare tactic, but I'd call legal aid just to ask a couple questions about the validity of his threat and if it sounds legitimate and a possibility, then unfortunately you'll have to contact a lawyer thats gonna cost money :(

sorry I couldn't be of more help

jen*
1-21-03, 10:00 PM
Milani, if your boys are age 13 or older, they can choose whom they want to live with. You have always been there for them, and you're the parent they go to when they need something. Trust me, they will take this into account. If it goes that far.....when they enter the judge's chamber...they will honestly say whom they wish to be with. They're smart boys, Milani. ;) I wouldn't worry too much.

Also, Cal is right. These days, especially here in the States, judges frown on this as a way to get out of paying child support. His case may, very well, be thrown out by the judge. *crosses fingers*

Good Luck!!!

ImSoooSure
1-22-03, 01:48 AM
Wow Milani, I know nothing about this. I wish you loads of luck though. I'm sure everything will turn out just fine. ;)

TopCat
1-22-03, 04:28 AM
Go here Milani. ;) Free advice (http://forum.freeadvice.com/index.php?s=)

If the link does not work, it is www.freeadvice.com

Tinajo
1-22-03, 12:39 PM
I agree with Cal, Milani... if he hasn't been paying child support and you've been fighting that for 5 years.. then he has little to no chance of getting them... if he couldn't prove that he could be a good father by supporting them financially through child support while YOU had custody, then he cannot honestly prove that he can support them properly if they go to live under his roof.. what a deadbeat! I wish you all the luck in the world, Milani.. :thumb:

Slayergrrl
1-22-03, 12:59 PM
:( Milani I am sorry that you are going through this.. I wish i knew something that could help you. But I do know the courts shun dead beat Dad's. You're in my thoughts.

Glenn Gulia
1-22-03, 07:48 PM
Jen's right the judge will ask them who they want to live with if there 13 or older.

amk27
1-22-03, 07:58 PM
Good luck Milani, and say your prayers. All will work out fine and in the favor of your boys......Will say a prayer for you and your family...:)

Tydestra
1-23-03, 12:26 PM
:ghug: Mil

I can't say anything else since everyone else pretty much summed it all up

sassy
1-24-03, 08:24 PM
Thanks to you all.
I appreciate the advice and Tc thanks for the link.
I have been every moment I can with the boys that is why I haven't been on here much lately I just want them to know I really do love them. :(

Thank you all very much. I guess only time will tell.. I really hope he is all talk.

Jazzmyn
1-31-03, 01:10 AM
I wish you luck with this Milani. I know it's a hard spot to be in.

sassy
1-31-03, 08:27 PM
Thank you very much jazzy. I finally got ahold of someone in the child support office and she said if he does try and get custody to get a lawyer. I asked how I was suppose to pay for it since I am not getting any support for them.. she laughed and told me to use his money I am going to ask for back pay child support and he wont be able to fight that.. so he will be paying for my lawyer :lol: I will use every penny I have to take that low life good for nothing sperm doner down.