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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87063
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.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
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.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87063
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 10 other Family Law Specialists are ready to help you
Customer: replied 1 year 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?


 

Expert:  Ely replied 1 year ago.
Hello,

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 1 year ago.


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

Expert:  Ely replied 1 year ago.
Thank you - apologies for the wait, I am working on your answer now.
Expert:  Ely replied 1 year ago.
Thank you.

Custody
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...

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