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Roger, Attorney
Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I live in Florida. My sons father is suing me for joint custody

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I live in Florida. My son's father is suing me for joint custody of our 7 and 1/2 year old son. He does not want to pay child support and has not paid child support in 3 years. He contested paternity so he wouldn't have to pay child support when my son was born. However, once the results were in the courts ruled in the child support case. He has been in jail and to court for various reason's since my son was born in 2003. I moved to Florida six months after my son was born, so that he could have contact with his father. After Hurricanes Katrina and Wilma I lost touch with his father for almost two years. He left no forwarding address, however I sent a letter with pictures of my son and my ex-partner's mother replied and contact was established again. He (my son's father) has been in my son's life since he was three. He sees him every Saturday and every othe Sunday. Every other year we switch holidays. This is a parenting schedule that I established. Throughout all this this man has been threatening to sue me for custody since my son was born, and finds the time to send me obscene text messages at all time of the day...The better I am doing in life the worse he gets. What can I do? I have printed out some pdf parenting plans that I found online. I want to have the parenting plan solidified through the courts. However, as I have been making all decisions as far as my son is concerned, I do not relish the thought of the arguments that will ensue when it comes to making any further decisions if I have to discuss them all with his father. His father is very contradicting when it comes to anything I say. I am tired of being the nice one and obliging to everything he wants. Please any advice would be greatly appreciated. Thank You.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

If the father doesn't pay child support, doesn't have a relationship with the child, has been in jail and has other problems personally, I don't think his bid for joint custody will be very successful.

 

You should have an easy time proving that the father's character is suspect. Also, you could offer to allow reasonable visitation.

 

Also, even if joint custody is awarded, he is still going to have to pay child support.

 

My suggestion is that you file your own motion for contempt against the father for failing to pay child support. This should get a court order for him to pay and will also show the judge that this guy has been a deadbeat and shouldn't be awarded with being given joint custody.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26093
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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