Check out some similar questions!

whimzie · May 5, 2009, 10:37 AM

I have been raising my son on my own since he was 6 moths old. I was being very badly abused as well he was using drugs. I asked him to stop many times and help me with our son. After I noticed he wasn't going to stop after begging him for 4 months I decided to move to a different province where my family was. My Q is: He recently got papers served to pay child support and I want to go and get full custody of my son. Do I have a chance to win in this case? Also if eh is willing to just sing his rights over as his father are we able to do it when he goes to court to pay child support or what will we have to do. Someone please help me.

ScottGem · May 5, 2009, 11:25 AM

He won't be able to sign over his rights unless someone is ready to adopt or he is a danger to the child.

If you can prove the abuse, you should be able to get full custody.

whimzie · May 5, 2009, 12:05 PM

I can't prove the abuse except me telling my parents what I went through. Why is it that he can't sign his rights over?

cdad · May 5, 2009, 02:39 PM

Something I don't quite understand. How can he be served child support papers if there is no custody decision on file ?
If the courts hadn't designated a primary parent then the child support issue would be secondary.

whimzie · May 5, 2009, 06:03 PM

OK the situation is.. I had my son and I was with his father.. he beat me and after so much of it I finally left after telling him if it continued I would have left and so I did. I moved and there was no court orsder about custody. I left cause I was not safe. After 4 and half years he was served papers to pay child support and now I want to file for full custody. I have been raising him on my own since he was 6 months old and he has not tried to get in contact with us.

Fr_Chuck · May 5, 2009, 06:19 PM

There should or almost has to be a custody order for you to get child support.

And full custody does not mean he does not have rights, you can have full custody and he merely has visititation ( or supervised visits.

whimzie · May 6, 2009, 05:33 AM

I understand. I know but I doubt he's going to try and see him. He has not yet tried. Anyway thank you for your help.. ne more adivce is very much appreciate.

ScottGem · May 6, 2009, 05:48 AM

The reason he can't relinquish his rights is because courts are very reluctant to sever parental rights. They generally will do so only to clear the way for an adoption or if the parent represents a danger to the child. At this point neither is the case.

Originally Posted by whimzie

after 4 and half years he was served papers to pay child support

This sounds like you applied for public assistance. In most cases when this happens the government will then go after the father for support to reduce what the government has to pay. Is that what happened or did you go to court to obtain support?

whimzie · May 6, 2009, 05:53 AM

Yahwhen I first moved on my own.. I did't havea job so I went on a assiss and that was way bak but they found him and I guess they cound't close the file once its open. What id his dad wants nothing to do with him can he just sign his rights oveR?

ScottGem · May 6, 2009, 06:07 AM

Originally Posted by whimzie

what id his dad wants nothing to do with him can he jsut sign his rights oveR?

NO! I explained that he can't just give up his rights. A court has to terminate them and they won't do it.

So, at the time you went on assistance a case was opened and support ordered. You need to check what custody was ordered as a result of that case.

whimzie · May 6, 2009, 06:30 AM

Ohh OK well they said there is no custody agreement but as far as where we stand I'm the soul caregiver.I have been the only one supporting him since he was a baby. I have done what I can as a mother to make him a happy child and live a happy childhood