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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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Hello. I am a Single parent (father). My son has been living

Resolved Question:

Hello. I am a Single parent (father). My son has been living with me since april of 2011. His Mother has registered him in a catholic school around my area, but lives in a different location. I pay for his tuition, clothing for school, food etc. His mother is very unstable smokes marijuana in her apartment, and liquor with her sister. The crowd they have brought around my son has been very dangerous due to drugs. Now i am also on child support, and she recieves food stamps but none of the support shes getting from the goverment, and child support has been used to help my son. i feel this is very unfair. She doesnt even come to see him. What can i do to get full custody, or do i have a case cause i can prove everything.
Submitted: 5 years ago.
Category: Family Law
Expert:  Lady Themis replied 5 years ago.

Do you mean that you are paying child support?



Customer: replied 5 years ago.
yea due to the fact that she re-opened her welfare case to have an income for section 8. we have closed this in court before, but her opening and closing the case all the time got me again. none of the support goes for my son. havent heard seen her since april 2011
Expert:  Lady Themis replied 5 years ago.

If your son is living with you, you can petition the court to terminate the support order, or even ask for an order of support from the mother. If the courts are not made aware of the living arrangements or there is no request to terminate support, they will not do so on their own. You will need to be proactive in asking the court to terminate the support that you pay to the mother based on the fact that the child is now living with you and you are supporting the child in that way.


Regarding custody, it is possible that you can petition the court for an award of custody, particularly given that the child has been living with you and the mother has been abusing drugs and alcohol. When making these types of determinations, the court must consider the best interests of the child, and exposing a child to these elements is normally not considered to be in the best interests of the child.


I hope this answers your question. Please let me know if you have any follow-up questions.




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