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How should I handle this situation?? Ex making demands for child support.

Suffolk, VA |

My ex whom I have child with is firmly requesting I live with him and give my disability $ to him or let him stay overnight at my home 3 nights a week in exchange for child support. He is saying if I dont do one of these things then he needs to bring me to court for custody because I am bipolar (although well medicated). Can I get a protective order for him to stop contacting me? What kinda of action should I take?

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Attorney answers 3

Best Answer
Posted

To obtain a Protective Order there needs to be some threat of physical harm to you, so this would not appear to be an option.
Get the child support and let him file for custody (which usually is a bluff anyway). Your child has a right to that support.

This response does not create an attorney-client relationship and is intended for general information purposes only.

Posted

Talk to an attorney in your are a familiar with child custody issues.
The court will make a decision in the best interest of the child. It is unlikely that a court would order you to let him live with you.l
If you have a court order, that is the document that has to be followed, and he can't make conditions on an already approved court order.

mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client relationship.

Asker

Posted

We have no court order. He's saying he'll file for one if I don't go along with his demands.

Posted

It does not sound like the family abuse threshold for a protective order would be met - simply being annoying and making demands is not enough.

I have to admit that I am a little unclear here - does the child live with you or with the ex? If the child lives with you, you don't have to agree to anything related to letting your ex stay with you in exchange for child support, I would at least set up a consultation with an attorny to get some preliminary advice on your situation. I would not let yourself get bullied into a bad deal for you and your child.

Asker

Posted

The child lives with me.

H. Eugene Oliver III

H. Eugene Oliver III

Posted

I would second the recommendation above of filing for child support and reiterate that you should not let yourself get bullied into a bad deal because of your ex's requests/threats.

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