Q: My husband does not pay child support for his daughter but wants custody what can he do.
He provides all essential needs such as clothes, school supplies, and gives money to his ex when she asked but does not pay the child support because in the past when he has she did not use it for the child. We have the daughter often so we play a big role in her life and provide everything she needs while she is with us and she often ask us if she can live with us. Her mother does not buy things for her such as clothes or school supplies and tells her its because her father doesn't pay child support, of which we have found to not be true she doesn't do it anyways. Me and her father provide the things she needs not because we have to but because we want to and would like to have custody of the daughter but are worried about how to do it since he has not made child support payments. She is 12 so we feel she understands enough to make a desision. I often have to bring her clothes and other health essentials because she has none at her motherd house. We want what is best for her.
A: your husband can file a petition to modify the custody arrangement. in order to be successful, he will need to prove that the change in custody will materially benefit the child and the benefits will outweigh the inherently disruptive impact the change will have on the child. or you can try and reach a settlement agreement with the mother to have custody changed, in which case, you wont have to prove anything.
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