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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My brother lives in Washington state. He has a son (now 10

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My brother lives in Washington state. He has a son (now 10 yrs. old). He and the mother never married or lived together. He has paid child support AND for the last few years has had him( the son) at his house more than the original agreement. The mother has now left the state to live, and left their son with my brother. How long before my brother can claim "absent mother' or "child abandonment" and stop paying her child support when he is the sole provider for him now. Please note that my brother is absolutley happier to raise his son than to not have him there.
Submitted: 6 years ago.
Category: Family Law
Expert:  Dave Kennett replied 6 years ago.

Dear JACUSTOMER - Your brother does not have to wait. He can file a motion for a change of custody right now and probably should have before this. He can also file a motion to suspend child support immediately until the custody matter is decided. The court decides custody based on the best interest in the child and not whether the child has been abandoned although that would certainly be a factor.


The child support can only be stopped by the court so your brother has to file the motion with the court that ordered the support.


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