View Full Version : Can fathers take the kids from the motherss?
dwood16
Apr 27, 2011, 09:14 PM
Mother of 3 - 11, 7 and 4 yrs old. Mothers parents and family support are in Florida but mother is trapped in NY because father won't let her relocate. Mother can't afford daycare and father refuses to pay for braces, sports or the daycare expenses - so how can this mother work. She is about to be evicted as the child support is not enough to cover all expenses. Mother needs to work but has no help in NY especially from the father. Father isn't consistent with his visitations (tells mother he is busy or has plans or has to work even on vacations) at all and knows the mother has no choice but not to work because who would watch the kids other than moving to Florida where her family can take care of all the kids and now the mother is able to work.Mother and 3 kids are being evicted and father says good because then I will get the kids and he doesn't have to pay child support. Help this mom is in a real bind with a son-of-a ***** x husband.
Wondergirl
Apr 27, 2011, 09:22 PM
Have you consulted a lawyer? Is the current situation court-ordered? Does the father pay regular (i.e. monthly, weekly) child support?
martinizing2
Apr 27, 2011, 10:47 PM
I believe you can file to amend the support order.
I'd consult an attorney.
ScottGem
Apr 28, 2011, 03:46 AM
1) is the father paying the court ordered support regularly?
2) Have you checked with social services for support programs?
3) Have you looked for less expensive lodgings?
If you move without court permission you will be in violation of the court order. So the best you can do is try to find a less expensive apartment or get other help in caring for the children. The 4 yr old should be almost ready for kindergarten so that should be able to give you time to get a job while they are in school. The 11 yr old is close to being able to care for the siblings for short periods if you have to work longer than they are in school.
Whether you can convince a court that the father is not exercising his visitation and is trying to get the children so he doesn't have to pay support is very iffy. But you can try.
Frankly, I'm not convinced you have made enough of an effort to deal with the circumstances you have.