Q: Can my ex take away custody of my daughter based on the fact that i now have a lower income?
I recently lost my job and am now working part time. Child support is regularly taken out of my pay check however the extras such as my half of her school payments i am having a hard time paying on time. Baed on this my ex says i'm a negligent father and is taking me to court for full custody. We currently have joint custody of our 6 year old. In 6 months she will be in 1st grade and school will not cost. Is this grounds for a trial?
A:
I hate it when one parent says the other parent is negligent simply because they don't make enough money - that is a cheap shot and usually wrong.
Child support and Child Custody are usually separated. You cannot lose your right to be a parent because you don't make enough money.
It's grounds for a hearing, where you'll have the opportunity to show the judge what you make and what you can actually pay.
It is highly unlikely that a judge would take your daughter away from you due to your making less money. So long as you pay your base support, and do the best you can on the other expenses you should be fine in terms of custody.
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