I want to file for full legal custody of my daughter. Neither she or I have heard from him in over a year (we've both made many attempts) and he has not paid any court ordered child support for longer than that. My child and I live in a different state than where I divorced her father. I was awarded full physical and agreed to give him shared legal custody with the agreement he would pay child support. She does not feel safe to be alone with him because of his constant drinking and he has had two DUI's. She says he has driven while intoxicated and she feared for her life.
The short answer is yes, you can file a motion seeking sole legal custody. However, if the the last court that made a custody order is in Hawaii and your ex is still here, you will have to file here, even though you and your child now live elsewhere. Frankly, it may not be worth it to do so. Legal custody only applies to the ability to make major decisions about a child, and no one agrees as to what that really means. So, if you've been able to do whatever you want without his interference, then joint legal custody is not causing you a problem. His non-payment of child support is a separate issue. It doesn't really bear on custody, but if you want to enforce the support order and actually get paid, there are some things you could do. The no-cost route is to contact the Hawaii Child Support Enforcement Agency. The high-cost route is to hire a lawyer to chase him through our court system. You need to make a cost-benefit analysis: how much is at issue and how likely is it that you can actually collect? If the amount he owes you is relatively small, or if he doesn't have income that can be garnished or assets to levy upon, then you would be throwing good money after bad.
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