Family Law Questions? Ask a Family Lawyer Online.
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I am sorry to read about your difficulties.
As the father who has been in the picture and paying child support over the years, you are an interested party in the Guardianship case and you should have been notified. You need to check the Court documents to make sure that the mother did not lie that you were notified when you were not. The Court was not supposed to proceed with the Guardianship case if you were not notified. In any event, if there was certification that you were served when you were not, then you need to file Motion to Vacate the Guardianship because of lack of notice to you. At the same time, you need to file Complaint/Application for Custody and tell the Court why you should be given custody of the child.
In a custody case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody dispute, their lifestyles, associations, parenting skills, education opportunity for the child, etc. If the Court finds after reviewing these factors that the child would be better off living with you, the Court would grant your application for custody; your child support Order would also terminate since you now would have custody of the child. Otherwise, the Court would deny your application. So, it is very important that you tell the Court any and all reasons why your application for custody should be granted just like you did in your narrative here; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.
You can obtain complaint and Motion forms at the Courthouse in the Clerk's office.