QUESTION
If I have full custody of both children, and my son is turning 12 years old will I lose my child to the father?
Asked on Oct 23rd, 2012 on Child Custody - Alabama
More details to this question:
The father just took me back to domestic relations to get his child support suspended from having a dr. say he was temporary disabled. Now he is threatening to take a way my custody because my son will be 12 years old in a month. He has a past history of abuse and doesn't support either of my two children. And the judge has a tendency to side with men. What are the chances of me losing my son?
7 ANSWERS
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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He has to show a change of circumstances.
Answered on Jun 26th, 2013 at 10:04 PM
Age 12 is not a magic number, and your son's father is ignorant to think he will get custody unless there are facts you are not disclosing. An experienced attorney would argue that there is no significant change of circumstances to support revisiting the custody issue, and no clear and convincing evidence that your son's best interests would be served by removing him from his established custodial environment with you. If the father is on disability, you should file for dependent's benefits for his children.? If granted, you will receive monthly benefits directly from social security disability (which will be deducted dollar for dollar from the father's support obligation) and it will be much more dependable than the father's support payments.
Answered on Nov 01st, 2012 at 10:26 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington State, there is nothing magical about the age of 12. You don't supply enough facts to answer your question.
Answered on Oct 24th, 2012 at 5:11 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Nobody can give you the odds on what a judge might do - the decision will be based on what is in the child's best interest and the mere fact that he is turning 12 years old is totally irrelevant to that decision. You should ignore the father's threats and consult an attorney to properly advise you about how to deal with the father's requests if and when he actually decides to do something more than idle threats to modify the current court ordered parenting responsibilities.
Answered on Oct 24th, 2012 at 5:11 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Nothing happens with regard to custody when a child turns 12. Whatever parenting plan is in place stays in place unless the courts grants a modification. Some minimum of Child support has to be paid by every parent. If he is disabled and eligible for SSI you need to ask the court to order him to apply for benefits for the children.
Answered on Oct 24th, 2012 at 5:10 PM
If his only reason of wanting your son is because he will be 12 years old, that is not a valid ground to change custody. We can discuss valid reasons and the best interest of the child standard is you like.
Answered on Oct 24th, 2012 at 5:10 PM
First, there is not any particular age in Alabama when a child can determine where he or she lives. That is a very common misconception. The burden to change custody is a hefty burden to meet; however, I suggest you hire a local, family law and/or divorce attorney to represent you because modification cases can be very difficult to handle on your own.
Answered on Oct 24th, 2012 at 5:08 PM