Me and my son's mother have not had custody of my son sincehe was born. (I was 15 she was 14) Her mother had and still have costody of my now 9 year old son, but my son's mother is the one taking me to court for child support. I still have the court order that gave her mother custody of my kid in 1999. I just filed for a order to terminate the child support an they made the court date the same day as my child support court case. M question is this. Under these circumstances, will the judge teminate my support for this?

You need to be paying support to someone for the child. Support goes to the guardian, or the person who has legal custody of the child, unless the child was adopted then you have no right to the child and don't have to pay support at all.

Assuming the child wasn't adopted… If the mother of the child, your ex, got custody back from her mother then your ex would take you back to court to get support. If her mother (the child's grandmother) has custody then she would take you to court for support. You won't have to pay them both (unless you owe back support to one and current support to the other.) Either way you will be ordered to pay support for the child (unless it was adopted).

You are the child's father, you will be liable to pay child support on the child to the person who has custody, in fact in this case the child's grandmother who has custody can file for support against you and the child's mother both.

You or the child's mother can either go back to court to gain custody of the child.

What does the papers say from the court about you giving custody to the grandmother ?

Was it temporary or permanent ?

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Originally Posted by califdadof3

What does the papers say from the court about you giving custody to the grandmother ?

Was it temporary or permanent ?

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This is a permanent petition. I remember the judge say, in order for us to get custody back we have to file the same petition after one or both of us are 18 years old

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Originally Posted by cjonline

You need to be paying support to someone for the child. Support goes to the guardian, or the person who has legal custody of the child, unless the child was adopted then you have no right to the child and don’t have to pay support at all.

Assuming the child wasn’t adopted… If the mother of the child, your ex, got custody back from her mother then your ex would take you back to court to get support. If her mother (the child’s grandmother) has custody then she would take you to court for support. You won’t have to pay them both (unless you owe back support to one and current support to the other.) Either way you will be ordered to pay support for the child (unless it was adopted).

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I think you misunderstand what I was saying. I KNOW I HAVE TO PAY CHILDSUPPORT TO SOMEONE, AN I DO. My situation is that I pay child support to my sons mother an she doesn't have custody of him, her mom does. So legally she can not take me to court for that, her moms suppose to. Am I wrong for doing this if every time I miss a payment she taking me back to court? This time they alkin about taking me to jail. Am I wrong?

Why are you paying support to your ex if she dosen't have custody? It is the grandmother that you owe support to unless as noted the mother got custody back after turning 18. What does your current order state?

Why hasn't the grandmother taken her daughter to court for child support?

The child support order should be made out to the legal guardian of your child, so technically it should be the grandmother, but you need to address that issue in court. It will not benefit you as you will owe whether it is to the mother or grandmother. It will effect the mother more.

If you are paying support now, to whom? To the grandmother? The mother? Directly? Or indirectly?