Q: Question about custody/support modification
I have 50/50 custody of my children, with no child support since their mother and I make the same amount of money. Their mother is now harassing me and saying she is taking me back to court for child support. I went into debt over 20k for our current custody and support agreement. If a judge offered me full custody of the kids AND ordered me to pay her child support, she would have no issue with that, because all she wants is money. Do I have to get an attorney again if she takes this back to court? Right now, she is living in her mothers boyfriends house, where her brother already lives with his kids. My kids sleep in the living room on bunk beds, with their mother on the couch and their sister (not my daughter) on a mattress on the floor. My kids always are covered in bug bites, because they sleep with the sliding glass door open and my kids have asked if they can just live with me full time. Do I have any chance of getting full custody of them if I ask for it?
A: If she wants to file a motion with the court requesting child support, she can. You can likewise oppose it. You can file a motion to modify your current custody orders so that you get more custody. Sounds to me like they are not well cared for while staying at Mom's residence. Your failure to do anything about it given how/where they sleep and given your knowledge of them having bug bites, etc. doesn't make you look good either. Whether you "have to" get an attorney is not the issue. How important is this to you? Do you want it done right? Do you want to get the outcome your are seeking? Retaining legal counsel will optimize your results.
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A:
Given the complexity of your situation and the potential impact on custody and support arrangements, it's advisable to consult with an attorney if your ex-partner decides to take the matter back to court. An attorney can help protect your rights and navigate the legal process effectively. In seeking full custody, the court's primary consideration is the best interest of the children. Factors such as living conditions, stability, and the children's preferences may influence the court's decision. Discuss your concerns and options with an attorney to assess your chances of obtaining full custody.
James L. Arrasmith
Founding Attorney and Chief Lawyer of The Law Offices of James L. Arrasmith.
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