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My son is 2 years old. All of his life he has lived with me. His dad had every other weekend and one day a week right now but he is wanting more. I believe it may be because he wants to lower child support because I’ve just file about 5 months ago. He’s always been on and off when it comes to support, never consistent at all but is still demanding more time and has even been verbally violent in the past. I even had to file a restraining order once 9 months ago. He doesn’t ever bring my son back clean or put together and he doesn’t have the financial means to care for him 50% of the time, he never keeps his word and is a very dishonest person. I don’t feel 50/50 would be best for my child as he already has a set schedule and routine and a more stable environment with myself and my husband and his dad tries to change the schedule every 3 months literally. He also lives with his girlfriend/fiancé and they are soon to have a child. Any advice besides document?
3 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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If you can prove he is unfit; try to limit his custody.
Answered on Apr 19th, 2012 at 6:31 PM
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You need an aggressive lawyer willing to challenge what is probably a belief by some folks in the system that "50/50" is always in the child's best interest. Sometimes it is; but sometimes it isn't. It's always very fact-specific. Most judges understand this. Not all lawyers do and many guardian ad litems do not.
Answered on Apr 19th, 2012 at 2:50 PM
Child Custody Attorney serving Kansas City, MO
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Kiske Law Office, LLC
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The bottom line is you need to obtain an enforceable custody arrangement through a paternity action in court instead of just pursuing child support. That way, you will have a written parenting plan ordered by the court. What you should also understand is that "joint custody" does NOT necessarily mean a 50/50 split of time. "Joint custody" means "continuing, substantial and meaningful" time for each parent. Alternating weekends have been determined to be "joint custody." I would suggest that you consult with a lawyer in your area about pursuing a paternity action in order to obtain a judgment setting out the parenting plan and custody arrangements.
Answered on Apr 19th, 2012 at 2:40 PM