Family Law Questions? Ask a Family Lawyer Online.
Hello, how are you today? So you are wondering what the best route is for the child to move in with the Father who is paying child support, and for that child support to be paid directly to your niece?
Hello, I am doing well, thanks. Yes you have understood my question correctly.
The best route to take in that circumstance is to file what is known as a petition to modify custody. The petition would seek to modify the custody arrangement to make the father the custodial parent, and the mother the non-custodial parent for child support purposes, and to name the father as the full physical custodian of the child. The act of paying the child support directly to the child is not the best route to take, as the father, if he was in fact successful in the petition, would begin receiving the child support, could pay that directly to the daughter as he receives it, if it is not necessary for his maintenance of the minor child. The child support being paid is meant for the basic care and needs of the minor child, not her and her new born, therefore, you will have an extremely hard time getting the court to award payment directly to her.
Therefore, the best direction is to file the petition where the father is seeking custody and child support from the mother and the mother can pay the child support directly to the father who would then give it to the daughter for her support of her minor child.
You would file it in the circuit court, and the mother would have thirty days with which to respond. Once she responds the matter will be set for a trial date.
I think that is a good answer. I had not thought of it in those terms. I will talk with my brother and niece about this approach. If I may ask another quick question...does the fact that she has had a child emancipate her?
No, it does not. The act of having a child does not emancipate the minor child. The acts of emancipation are usually limited to the child marrying, joining the military or seeking judicial emancipation.
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ok, that is what my research indicated. I was curious if I had overlooked anything. I appreciate your help. This gives me some good talking points as we move on to our next step. Many thanks for your help.
You are most welcome. Please do not forget to provide the positive rating by selecting the smiley face an submitting. Thanks and good luck to your brother and niece!
Thanks. Good luck!