Senoia, GA asked in Child Custody for Alabama

Q: Can my ex fight for full custody because he's mad about me filing for child support more details in box below

My ex husband and i have been divorced for almost 3 years. in the divorce it states i have full care custody and control of our two children. it also states that issues of child support and visitation are reserved by court until he gets a job or recieves disability. he left when my children were 1&3 divorced when they were 4&6 they are now 6&8. he has never supported them and has maybe seen them 10-15 times in those 5 years. although what the divorce papers say i still let him pop in and out of their lives because I'm stupid. now i see how it has hurt them. i have filed for child support and about to prove disability fraud on him he's working under the table and i have it in writing to prove plus much more proof. Blames it on me that he hasn't talked to them saying its my responsibility to call him not his to always call but i shouldn't have to force him to be a dad in 5 years he has only bought 2 pks of diapers and gave them as bday gifts and bought school supplies once no other help

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: He can always 'fight for full custody' regardless. It's curious that the court didn't enter a child support order. Usually the court would enter a support order regardless of his disability status. Did you have a lawyer in the divorce? Anyhow, I wouldn't worry about him getting custody. What I would worry about is the visitation situation. If he has visitation rights, then you need to let him have visitation. You might think he's a scum-bag...and he might be a scum-bag. But you made babies with him, and the kinds have the right to a relationship with their dad...Even if dad is incredibly negligent about pursuing the relationship. Point is...you should let him 'pop in and out of their lives' because he's their pop. You don't have to listen to his nonsense about visitation...just ignore it.

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