QUESTION
Can I file for full custody over my son since I have been paying the insurance and past medical bills that the mother was court ordered to pay for?
Asked on Sep 14th, 2012 on Child Custody - Louisiana
16 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:00 AM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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You can bring her to court to request reimbursement and ask for attorney fees incurred.
Answered on Sep 24th, 2012 at 5:45 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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The reasons you listed would not be sufficient to change custody.
Answered on Sep 20th, 2012 at 6:39 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can file. Whether you can succeed depends on all the facts and circumstances, but it is unlikely that mother's failure to pay bills she was ordered to pay will convince a judge that that fact alone justifies any change in the custody arrangements.
Answered on Sep 20th, 2012 at 6:38 PM
While you can always seek custody of your son, the Court will look to determine whether or not the mother is unfit. If she can show fitness, your Petition will fail. Financial obligations, including child support and custody/parent-time are mutually exclusive and wil not prevail in a Petition for a change of custody based on finanical issues alone.
Answered on Sep 20th, 2012 at 6:38 PM
Dennis P. Mikko
Paying the insurance and past medical bills alone will not entitle you to full custody. Custody is determined in the best interests of the child after reviewing the 12 factors of the Child Custody Act. The ability to provide financial support is only part of one of the factors. Just because one parent has more financial resourses does not mean that parent would be awarded custody. Many years ago in our local court when this argument was made, the Judge noted that the parties income can be made more equal with the stroke of a pen on a child support order. In otherwords, he was saying more money does not equate to better parent.
Answered on Sep 20th, 2012 at 6:37 PM
Support is totally separate from custody/parenting time: even if you did not pay support or medical reimbursement, you would still have the right to see your child. Conversely, that you are paying debts the mother was ordered to pay does not necessarily give you parental rights superior to her rights. You might ask for an off-set against child support (or a support reduction) for insurance costs which you alone are paying. Good luck!
Answered on Sep 20th, 2012 at 6:37 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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You can always file for custody, but the judge will consider many factors in deciding what is in your child's best interests; financial contributions are only one factor among many.
Answered on Sep 20th, 2012 at 6:36 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. That is not enough. On Tue, Sep 18, 2012 at 6:54 AM, Question From LawQA wrote: > ANSWER A QUESTION THAT WILL BE DISPLAYED ON FLORIDA WEBSITES ON THE LAWQA > NETWORK. > > LAW AREA: > STATE: FLORIDA > ID:81090 > > Question: Can I file for full custody over my son since I have been paying > the insurance and past medical bills that the mother was court ordered to > pay for? > > *********************************** > To answer this question, please just reply to this email. The original > content and subject should not be modified, otherwise your answer will not > be valid.
Answered on Sep 20th, 2012 at 6:36 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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That will be a factor but not much of one.
Answered on Sep 20th, 2012 at 6:36 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is doubtful that alone would be sufficient reason for a change of custody.
Answered on Sep 20th, 2012 at 6:36 PM
Michael Paul Vollandt
You could file a Request for Order to change custody of your son but to be successful you must show a material change in circumstance from the original order. From what you have described that change change would most likely fail. If the Mother owes you money the Request for Order can address that issue and when the court determines the amount he owes you you can take enforcement action such as a wage levy or writ of execution to get your money.
Answered on Sep 20th, 2012 at 6:36 PM
Financial/support issues are completely separate from custody/parenting time issues. If the other party isn't complying with financial orders, this is not (in and of itself) grounds to modify the custody/parenting time arrangements.
Answered on Sep 20th, 2012 at 6:35 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Custody depends on the best interest of the child not financial interest.? But file and maybe you can show the judge why you would be a better parent.
Answered on Sep 20th, 2012 at 6:35 PM
Steven D. Dunnings
That is not a legal basis for change of custody.
Answered on Sep 20th, 2012 at 4:24 PM
1 Award
That in and of itself does not justify the court awarding you full custody. If she has violated the terms of the judgment, you can file a motion or contempt against her. If successful, she will have to reimburse you the amounts paid plus your attorney fees and court costs.
Answered on Sep 20th, 2012 at 4:22 PM