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joenarviz
Feb 21, 2009, 03:56 PM
I have a 3 yr old son that I had no idea I was even a father of this boy I have had a paternity test and gone to court I have joint managing over him now, I have found out the mother of my son which I only knew for 2 weeks has a CPS case against her, and right after I got my court hearing I was contacted by CPS to get my son, my original court order allowed me to see my son 5 hrs on the 1st 3rd and 5th weekend for 5 hrs. to get to know my son, but now I have had my son for 3 months and 2 weeks in jan. CPS has let him go back to the mother but she's refusing drug tests and not going to classes, I had the child support stopped during all this but we have gone back to court since then and she will be receiving the support soon.

My questions is I want to get the retro child support taken away I didn't know about my son until she had a CPS case
I want the 5 hr visists taken away and go straight to the weekend since I know my son already
The mother of my son will not cooperate with me because I have 3 more cases against her for abuse.
I cannot afford a attorney its 3,500 to take her to court and get my son.
She going to use the child support on drugs her and her boyfriend deal and do drugs CPS knows this and cannot stop it.
What can I do.

Fr_Chuck
Feb 21, 2009, 05:00 PM
You need to borrow, get a second job or what ever and get your attorney, you may check into legal aids.

You are going to have to go for full custody using the drugs as the issue, asking for court ordered drug tests.
If she keeps cusody, you will have to pay no matter what she does with the money.
You need to ask for full custody and try and get at least joint

ScottGem
Feb 21, 2009, 05:12 PM
As noted, you have to prove to the court that she is an unfit mother. And trying to get the retro support stopped is NOT going to be the way, because it makes you look like money is the main issue. I would not even worry about support, I would concentrate on showing the court your conern for the well being of the child. If they award you primary custody, then you file a motion to end child support.

All this will be easier if you get an attorney. Shop around.