Q: Custody and child support dispute after breakup. Seeking 50/50 custody due to false CPS claims.
My son recently broke up with his girlfriend, who took their child with her. She has two other children from different fathers who pay her child support, and she seeks full custody and additional support from my son. She hasn't let him see his child for over a month, claiming CPS requires supervised visitation, but CPS clarified there are no active cases against him. He doesn't use drugs; she has a medical marijuana card. My son earns about $1,800 monthly and is willing to pay child support but questions supporting her financially, as she's capable of working. He wants 50/50 custody.
He hasn’t filed for custody but plans to attend court filings. The support hearing is on April 15, and the custody hearing is on April 30. He has texts from her alleging CPS visitation restrictions. What steps should he take?
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A:
Your first step is to file for custody as soon as possible. Since the mother has not allowed visitation, this will help establish your son’s legal right to see his child. At the custody hearing, he should present evidence of the communication with her, including texts that mention CPS restrictions, and any other documentation, such as the clarification from CPS that there are no active cases against him.
He should also gather any other evidence showing his ability to care for his child, such as his stable income and willingness to support his child financially. This will strengthen his case for 50/50 custody, demonstrating he is actively involved and capable of sharing parental responsibilities.
Regarding the child support hearing, he should be prepared to show his financial situation and raise concerns about supporting her financially when she is capable of working. He can request a fair amount based on his income, and the court will consider both parties’ financial abilities when making decisions. Taking these steps will help ensure that the situation is handled fairly and that his rights as a parent are upheld.
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