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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99430
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If im not awarded joint custody (my daughter is 17), will

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If i'm not awarded joint custody (my daughter is 17), will I have to pay child support and back child support for the 2 years my wife kept her away from me.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am very sorry for your situation. Retroactive or "back" support can be ordered for the last two years before the custody battle began. So she has the right to request child support retroactively, but only for 2 years. P.Y.W. vs. G.U.W.,(NNN) NNN-NNNN(2002 to 2003); Section 30-3-110 et seq.

While the legal system tries to be inclusive of every possibility, sometimes people have limited avenues to seek relief. Surely, you prefer that I tell the truth rather than what you wish to hear. Because I do not get credit unless you press one of the top three faces, keep this in mind when rating my answer and please do not punish me for being honest. I understand that this may not be easy to hear, and I empathize.

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Ely and 3 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

what are my remedies? since the child was taken out of the household willfully, and not allowed visitation, can I claim abandonment? or anything?



Well, this depends on what you are trying to do. What are you trying to achieve here? Do you want:

1 - custody?
2 - relief from child support even if you do not get custody?
3 - something else?
Customer: replied 4 years ago.

custody, first, then relief from child support if that fails. i mean that would be like insult upon injury.

Thank you - apologies for the wait, I am working on your answer now.
Thank you.

The court decides custody based on "the best interest of the child." Ex parte McLendon, 455 So. 2d 863 - Ala: Supreme Court 1984. The Court takes takes into consideration things like home stability, financial ability, plans for the future, etc. If you can hammer away at these factors and show that you'd be a better managing custodian than your ex, then the Court is more likely to award the custody to you.

Child Support
I am afraid that if she gets custody, the statute is clear that she has the right to request child support. However, you can limit your retroactive liability by explaining that you paid informal support, and/or you tried to help but she was keeping her information hidden so you could not... the court has some discretion here...