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moparent · Dec 7, 2011, 06:13 PM

My ex and I have joint custody of 2 children, age 8 and 5. He has not paid child support for over a year and a half. Now he has not contacted or tried to see the children for 2 months. The court ruled that all decisions and medical emergencies be a joint effort. The school system is asking for his information for any medical questions (even to give tylenol) which I do not have. How long can this go on before I can try for full custody?

Fr_Chuck · Dec 7, 2011, 06:25 PM

Unless there is major changes most courts don't want to see motions much more than two years.

With this, the issue is that he not being there is not effecting your rights, you have no difference now, than if you got full custody. Since he is not using his rights. You merely tell the school you do not have it, and that he will have to contact them.

Now you may want to talk to your attorney, and try perhaps after 6 months but with all of it, there will have to be a hearing, and of course the father will have to be served.

The major issue I see, is not the custody, since he is not using his, but the child support, which you need to get child support enforcement involved to start collecting. Mo has a pretty tough enforcement group.