I went for custody judge made it a support case

[AJandLALAs Dad]

My children's mother and I have never been married.  I took her to court asking for custody of our 2 children (ages 7/boy and 5/girl).  Instead of the hearing being about the best suitable parent for the children, the judge turned the hearing into a child support order only.  I was unable to present huge evidence that I had gathered per my attorney.  We have been going through this for almost 2 years.  We have had several hearings and nothing seems to be done.  After each hearing, an order is granted for support and visitation arrangements but the mother and her attorney never sign off on it (there is always a problem) and we continue to have more court dates assigned with the same outcome.  

I am being forced to pay her child support even though I have the children every morning ( I take them to school), every Saturday and every other weekend.

Where can I get some true justice?  How can I get the judge to actually hear my evidence and understand I want custody of our children?

My attorney never truly fought for me and is now relieving himself from the case (after charging up my tab with him)

I need some hope!

[Lawmoe]

That sounds odd an inappropriate since in most cases, only issues identified in a properly filed motion may be addressed.  However, states do differ. you must consult with a lawyer in your state.

[Jerry8a]

As far as getting your paperwork seen by the judge, you need to file a "Notice of Lodgement" I believe it has to be done 5 days prior to the hearing and served on the other party. Also, file an "Order to Show Cause" packet and check the box that states "Custody/Visitation". Make sure in your Declaration you state exactly what you want to say during the court hearing, I was told by my lawyer as well as many other people, that the only topics that can be discussed in the hearing have to be documented in your Declaration. You will also have to go to Mediation prior to your court hearing. Rule of thumb: if you and your ex cannot come up with a parenting plan, but the mediator decides one for you that they think is in the child(ren)'s best interest, DON'T sign it if you don't agree with it! Regardless of the outcome of mediation, the mediator has to write a recommendation to the courts of what they think, so it is important to win them over. Dress nicely, file all your paperwork before mediation so they can review it also, otherwise they won't look at it unless it's been properly filed. Be polite to your ex, don't argue, let her speak and then take your turn. Remember, you are there for what is in the best interests of your child(ren). You win the mediator over, then you've increased your chances for the hearing. Good luck!