Asked over 3 years ago - Cumming, GA
FlagI have an 11 year old daughter born out of wedlock whom I pay child support for. The order for child support states that the money is to be paid to the child's mother, however the mother has more or less recently abandoned her and moved to another state to live with a boyfriend, leaving her to live with her mother ( my daughter's grandmother ). As of today no changes in guardianship/custody have been made temporary or otherwise. To the best of my knowledge, my child support is still going to the place my daughter resides, and grandma is using daughter's child support card. I would like to file for legitimation and custody, since grandma is also taking care of 2 other kids in addition to my daughter, 1 of which is terminally ill with cancer.
Even though your daughter does not live with her mother anymore, until you get a modification of the child support order you will be in contempt of court if you discontinue that support. I would recommend seeking the advise of a good attorney. He or she can file to modify the current child support order and to legitimate your daughter. Until you legitimate your daughter, you have no legal rights to her and she cannot inherit from you if you pass away. In the legitimation lawsuit you can seek custodial rights to your daughter (physical and legal) and you can also modify the current child support order. If the court decides it is in the best interest of your daughter to live with you primarily, then your daughter's mother will have to pay you child support.
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