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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102348
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Alaska and I have a beautiful 2year old daughter.

Customer Question

Hi I live in Alaska and I have a beautiful 2year old daughter. I have soul and primary custody of my daughter. Now the court order him visitation.
Monday 12-5
Sunday 12-5Now the father has only paid child support 3Times.
Hes been treating me on goin to court
He wants over night and other things.Now he has not followed the court order since we got it. He brings her back late all the time. He dose what he wants
Now I'm a single parent and this is my first child. I work hard to provide for my daughter I have baby sitter arrangements that he doses not care about.So my question to you is what can I do.
Hes want to file for custody and I don't agree. Hes disrespectful in every way.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

It is up to you to enforce child support and child custody. If he is missing child support and is not bringing her back in time, what someone in your situation can do is file for a contempt motion. See HERE. Upon being found to be in contempt, he can be admonished, fined, made to pay for your costs in bringing the motion, or even jailed. It is at the Judge's discretion. So threatening him with such a motion or FILING it is a good way to get him to adhere to the decree.

He can file for modification of custody if he wants to. That does not mean that the Court will agree to it. The Judge makes a decision "in the best interest of the child." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. So unless he can prove that he would be better at the above than you, the Court is likely to deny him his request.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!