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Filed for Child Support and Now I'm Being Threatened With Custody Issues

Started by Jeanie718, Apr 21, 2015, 12:53:11 AM

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Jeanie718

I recently filed for child support last week and they served my son's father with the paper work this past weekend.
Him and his family have been talking to my family and friends about me making a big mistake and taking my son away from me.

We've been split up for two years now and my son is 7.

I have been at my job for 2.5 years as a LPN. I work 11pm-7am Monday - Wednesday Night and I work a double on Sundays 3pm-11pm 11pm-7am. His father picks him up every other weekend Friday- 7pm and returns him Sunday- 2pm. My grandmother watches my son from 10:30pm- 7:15am while I am at work (it takes me 15 mins to drive from work to her house) she's been watching him since his dad moved out 2 years ago (the only thing she requires is that i buy his food roughly which is $40 a week it includes breakfast when he wakes up and his snack for school)

When his dad moved out. He moved in with his new girlfriend (he lives with his mom now) and he was unwilling to keep my son anymore at night(his- decision not mine) he did agree to keep spending time with him every other weekend (this has been the arraignment for 2 years- this is the only time he see's our son 2 weekends a month).

My question is can I lose Custody because I work night shift? 4 night on 3 night off

I've literally done everything that my son has needed for his entire life. I've been to every doctors appointment, dentist visit, supervised school trip, basketball game + practice, teacher conference, and every trip to the principle office when he's in trouble (his father has been to none). I am also awake when he gets home from school and i do homework with him for hours (he's being evaluated for dyslexia by a psychologist and i take him to all those appointments too) I feed him, send him to take a bath, and i even put him to sleep every night before i leave for work (School Ends at 3pm- I leave for work at 10:45pm),  When i return from work at 7:15 i help him get dress and i take him to the bus stop -- i try to sleep while he's in school (only if he doesn't have any appointments or school trips).

I needed extra support (which is why i filed for child support) I live on my own and he's getting bigger and he's gonna eat me out of house and home soon.  I don't qualify for assistance I make $40.00 over the income limit. His dad doesn't give me anything financially - he does provide a pair of sneakers or clothes every 6 months if i ask for it.

I don't want to lose custody of my son and i think it selfish for him to try to get out of paying child support. He works in another state the he commutes to work every day and he isn't going to be able to provide my son with the one on one care that he needs.




ocean

No, you will not loose custody, courts see this all the time.
Do you have any custody paperwork through the courts?
When you go for child support, usually judges want to give a formal visitation schedule to other parent if possible.

Does he live in same school district as you? If not, then another big thing on your side as courts do not like to change a child's school.

He may be able to get the times you are working added to his time.

Did he file custody paperwork? If not, then only child support will be addressed at court until he serves you with custody papers. Once you start getting child support, you are the primary parent (which you are already since you have child more). If you were never married, you also have custody right now, and you may have to go through paternity to prove he is the father through the courts.

MixedBag

I agree with Ocean....everyone on the other side is just angry right now....

And I went ahead and removed the same post in the Child Support section so all feedback and advice will be in one place for you.  ok?

Jeanie718

We were never married and the father works in a different state and he lives with his mother in another school district.
He also signed the paternity paper work at the hospital when our son was born so our son could have his name on the birth certificate.

Jeanie718


tigger

Typical tactic.  The idea is to get you scared enough to drop the CS request and keep you scared enough that you won't bring it back up again.  Ocean's right, courts see this all the time and most see right through it.  Big red flag: Why did you not want custody until she asked for CS?  Why is her established schedule suddenly a problem?  Keep documentation of all you wrote here.  When you see the child, what you do for the child, when he sees the child, what he does, etc.
The wonderful thing about tiggers is I'm the only one!

MixedBag

BTW -- the opposite happens a lot too -- When one sides asks for more time with the child, the other side retaliates and asks for more CS.....and YES, the courts see RIGHT through this.