Taking ex husband back to court?
Me and my ex husband have been divorce since june 09. We got joint custody. I was never at the divorce hearing because i was never notify of the court date so what he put down he got. My ex has a new child before we was divorce. Even though we live in different states and he is in the army a phone isn’t that hard to do.He never calls to check up on my son he calls like once a month he gives me child support because he has he said he wouldn’t give it to me but since he has to he does. Now I want to take him back to court because I was sole custody of my 2 year old son. My son has been in my custody since day 1. My ex never sent him a birthday card no christmas gifts his mom gets my son gifts and puts my exs name on it. He makes it seem like he is father of the year. everyone knows he has a daughter but they dont know he has a son. So I want to go back to court to get full custody more child support and to make him pay for daycare since I cant get a job in the daytime since both my parents work and dont get home til like 5 or 6. He refuses to pay for daycare or even help me. I start school next month and have to go at night because I have no one to watch my son in days and that’s why its impossible for me to get a job because no one wants to hire me because of my hours of 6-close most jobs night hours are 5-11.
Im not trying to be some bitter women but you just have to put yourself in my shoes. I just think my son deserves better and I dont want to share my son with someone who doesn’t care about him just because he didn’t want a boy but now has a daughter doesn’t mean anything. Any advice how I can get this court case started??? By the way Im 21 I live in VA and my ex i dont know where he stays he lies about his locations with me
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Tagged with: army • birthday card • bitter women • child support • christmas • christmas gifts • court case • daycare • divorce • father of the year • full custody • job • jobs • joint custody • Live 105 • mom • parents work • Puts • shoes • sole custody
Filed under: How To Save A Marriage
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Ok first of all, your not going to get sole custody more then likely..its very hard to get sole custody anymore, and although he doesnt do what is right by your child as a father the courts cant make him but they also wont take his rights away from him either.. now as far as the child support u need to have that garnished from his pay check and if u have a court order YOU can file a garnishment with his employer.. (DFAS cleveland) … then u will get it with out fail and he cant hold it over your head.. now with day care your going to have to get ur child in daycare before they can force him to have to pay day care because they wont make him pay for a hypothetical daycare u have to show proof that the child is in daycare and how much the bill is so they can make him have to pay for it.. what i recommend is for you to go to your local child support enforcement office and turn it all over to them and let them handle it so it wont cost u alot of money to get lawyers, and as far as locating him, go to the military locator site to track his where abouts out..
Move on girl. It’s hard to drive forward looking on the past
Consult a lawyer who will file a petition with a court for sole custordy of your son…
This is why you don’t have kids when you’re 19.
Ok obviously you need a lawyer. That said once you get the attorney he’ll probably tell you that your not gonna get all of that. You need to decide what you want more, the extra child support and daycare coverage or the sole custody. It is HIGHLY unlikely you’ll get both and no matter what your true feelings you will just look like a greedy bitter ex to the court. However especially since he’s military what you should file is exactly this:
1. for him to be court ordered to notify you of address and/or change of address within 30 days.
2. Modification of child support to include day care costs
3. to pay for health insurance.
These are not unreasonable requests and are definitely in the best interest of the child and your chances are high that you’ll get it all if you don’t get greedy. However asking for sole custody after you already have primary will look like bitterness and courts frown on it and would probably affect the outcome of the other things you need. I’m honestly not as familiar with VA as I am with MS and FL child custody laws so I could be wrong. But not likely.
Well you can do this Pro se without an attorney but that is not a good idea at all. This means you have to get an attorney.
–You have to get your story straight also. He can’t never call but call once a month. I guess your child support is paid by the government or direct deposit? Otherwise there would be post marks on envelopes. A call would produce a state of location even on a cell phone. This could be found on the phone bill under calls that never happen except once a month.
–You did not mention where the state of domicile was. This would be where you lived when the divorce was ordered and the court of jurisdiction. If this is also in Va. you are in luck at least there.
–I am not sure about Va. but court papers here are served by the sheriff’s department. You can bring just about anything to court with reason(and sometimes when there is no reason) and an increase in a low child support is one. Seeking to change parental status would just be part of the brief filed. You can also use his last known address and not say you do not know where he is. It is his duty to keep up with that.
You can check with legal aid as your income would qualify for assistance.
You need to get a good lawyer .This guy don’t give a dam.. is not holding up his part of joint custody regardless of how you feel .He needs to live up to his responsibility’s and it looks like you will need this help to get him to comply with his half of the burden of raising a small boy .Bye all means I would take him to court and sue for back support payments,he is working and your not.
You need some help beside your parents raising your son.
I am thinking you have a good case since you are raising your son alone and the army always knows where he is..Your only going after what is rightly yours and his sons..
all the best..
Clearly, your ex-hubby is not holding up to his end of the bargain. For the sake of your child, you must consult with a competent lawyer now.
I can contemplate what’s going through in your mind but do not think you are a sorry figure anymore. We have a great legal body functioning in the country and all you need to fix your husband is consult a leading family law attorney and know the legal ways to trap your husband from getting away from his parental responsibilities.
There are far less fortunate women who reel under inescapable abusive relationships and emotional storms created by divorce, child custody battles, visitation disputes, and related difficulties. So, feel empowered and get a job soon, no matter how and why. As the relationship with your ex husband is seriously on the rocks, the only answer is getting sanctuary in the marriage laws of the country. Believe me, you will never get it wrong this time. Keep smiling!