My ex-husband and I have a 6 year old boy together. We have shared custody where he lives with me and my current husband and goes to his father's every other week ends. My son doesn't want to go to his father's. Judge has estimated child support as $100 however he is not contributing to anything else. Did not pay for my son private school tuition, want to keep him on government insurance so he doesn't have to pay, so and and so forth. His residence located in public housing is in disarray and unsafe. More than once he has sent my son in the elevator by himself when i was picking him up. Many times my son stated that his father's had no toys or books for him. Also the way he is raising my son is completely different from mine. He believes in " tough love" when i believe in showing love. Nonetheless, since he is not financially stable and his residence being unsafe i want full custody of my son where i do not have to force him to go to his father's anymore. Please let me know if i have a case to pursue and win.
You combine multiple issues. Generally financial means of a noncustodial parent will not affect parenting time. It will only be in the most extreme cases that a court will disturb parenting time and child support is not an element of such.
If he is placing the child in unsafe conditions that could be a concern but is fact specific. You need to consult with an attorney in your county to see if you may be able to petition the court to alter parenting time.
This should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only and may not be quoted or referred. This does not constitute an attorney client relationship.
Courts I know of do not allow 6 year old boys to choose whether or not to visit a parent. If you want to try to terminate visitation you will have a very hard time because there are a lot of options if appropriate, including supervised or no overnights. In most instances when a 6 year old says they don't want to visit they are being encouraged or responding to things they hear and courts will assume you are the reason for his comments. In fact, not requiring visitation in Washington is considered Contempt of Court and you could be in serious trouble.
Private school is a parental choice. Courts do not normally approve them out of hand and may or may not require the parents' to share the expense, especially if one wants the private school and the other does not. Further, the odds of getting money for private school is zero if your ex can only pay $100 a month for child support. One wonders what the total net income is at that low rate.
To say a residence is unsafe is not helpful without an explanation as to why it is unsafe. It is, therefore, not appropriate to answer this portion of your question. Messy houses are not a basis, in my experience, to deny visitation including overnights.
So, if you are thinking about trying to stop visits you have a rough road. Talk to your lawyer about this issue.
Finally, you probably have to explain what you mean by full custody. A parent whose only awarded alternate weekends with their children for visitation does not alter the full legal custody in the other parent. So, absent more, this part of your question cannot likely be answered.
To tell you the truth, you are looking at a full blown trial that might be able to get you the results you want. You will have to spend a lot of money in investigating and attorney fees. This is the only way you will be able to get what you want, and even than, it is not guaranteed. However, by choosing the right attorney you may be able to get the results to your satisfaction. You should contact attorneys directly by sending a message from the attorney profile and compare attorney responses to determine who you would like to hire and is best suited for your situation.
Disclaimer: Ahsan A Syed, PSC // Stephanie Emanuel, Esq Attorney answers and comments to questions are for general purposes only and DOES NOT establish an attorney-client relationship. Call an attorney for a free consultation.
Your son doesn't get to decide whether to see his father. You can file a petition in court seeking to change (modify) the prior court order and request supervised or more limited visitation.
You should consult a custody attorney to assist you.
Advice on this forum is for informational purposes only and should never be mistaken as a substitution for legal advice. Answering a question does not create an attorney client relationship. If you need legal advice, you should consult or retain legal counsel.
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