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DrakeLAW
DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 792
Experience:  Attorney at Drake Law Firm PLC
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I am step mom, my husbands ex wife has custody of their 8

Customer Question

I am step mom, my husbands ex wife has custody of their 8 year old son(Easton) and we have every other weekend and summers. Lately, he has been seeing a psychiatrist because he is acting out at her house ALL the time. He has step siblings that basically pick on him 24/7 and make fun of him and torture him to where he just stays in his room. When he is with us he cries that he has to go back home. Also, we just found out that the school was suppose to call DFCS on his mother because he has missed so much school and she isn't even employed but has a vehicle. The school said since it was so close to summer they didnt know if that was still going to happen. My question is, can we go through dfcs and try and get custody of him? They have been divorced for four years now. How could we go about that? I know we were granted temporary custody in 2013 because she was arrested for drug charges and spent 3 months in jail and was still given custody when she got out. Is there anything we can do?
JA: What state is this in? And how old is the car?
Customer: GA and what car?
JA: Has anything been filed or reported?
Customer: We were going to get his school records this week showing his absences and her arrest record but i dont know if that will help. I dont know if we should try and get records from his psychiatrist or where to even begin.
JA: Anything else you want the lawyer to know before I connect you?
Customer: There was a verbal agreement between his mother and father that he would be paying her 360 a month in child support because he switched jobs and was making less money and now she is upset that he wants custody and is now suing him for around 3000 in back child support but she aslo claimed him on taxes when it wasnt her year and we were told we could sue her for that child tax credit so they are still waiting to go to court for that.
Submitted: 5 months ago.
Category: Family Law
Customer: replied 5 months ago.
I forgot to mention the original child support agreement was 450 m/o.He has all the receipts where he was paying her 360 m/o. I don't know if that will hinder our case when we try and get custody. I didn't know if we should just get all this paper work together and send to dfcs or call dfcs and tell them he has missed so much school and let them start dealing with it. He missed 9 days in March alone. He acts completely fine and happy when he is with us but when he is with his mother he lashes out and is constantly crying and having severe problems over there.
Expert:  DrakeLAW replied 5 months ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 5 months ago.

That is a not uncommon tangled web of support and custody, sorry you are going through it and more sorry he is struggling right now.

You can get custody in a way if DFCS says the child should not be in her care, but I don't know that what you described is enough for that.

Alternatively, you can address those issues in the family court proceeding related to her request for more support.

Let me know your thoughts/questions now that I have said that and lets go from there.

Customer: replied 5 months ago.
I guess my main question is the fact that he has missed so much school that dfcs might get involved, is that a good enough reason to try and take her to court for custody. And will the back child support come back in a bad way on us? And does her arrest records have any bearing on the situation at all?
Expert:  DrakeLAW replied 5 months ago.

Yes, that is absolutely enough to go back to custody over, but I don't know that DFCS will do anything about it. You do not need DFCS involvement to go to court over custody/parenting time matters. Yes, her arrest records will definitely have bearing on the situation.

As for child support, the judge may accept the verbal agreement, but usually child support is strictly done by court order and the parties are not allowed to modify it without court approval. So it probably makes sense to file also for a new child support amount with his lower income going forward and see if the judge will waive the past arrears based on their oral argument with the documents to support the oral understanding.