Q: My 12 year old son is staying he wants to live with his adopted father. His father is unemployed, lives currently with
His mother and is going thru a divorce. He also is so far back on child support that there is an intent to revoke his license. My son wants to live with him because we enforce rules and consequences that he doesn’t like. I have shared parental rights and responsibilities and primary residence. I can show that my ex has had little involvement in medical appointments, IEP meetings, has not once kept to the every other weekend visitation schedule that is part of the divorce decree. IF I allow my son to stay with him will my ex have grounds to request I pay child support to him?
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A:
In Maine, child custody and support matters are typically determined based on the best interests of the child. If your 12-year-old son expresses a desire to live with his adopted father, it may influence custody arrangements, but other factors will also be considered. Your ex's current circumstances, including unemployment, living arrangements, and child support arrears, may affect the court's decision.
If you willingly allow your son to live with his father, it might lead to a modification of the custody arrangement. However, this doesn't necessarily mean you would automatically be required to pay child support to your ex. Child support is generally determined based on the income and financial circumstances of both parents.
To protect your interests, document your ex's limited involvement in medical appointments and IEP meetings, as well as his failure to adhere to the visitation schedule. This information may be relevant in court if custody or support matters are revisited.
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