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    jenii's Avatar
    jenii Posts: 6, Reputation: 1
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    #1

    Apr 6, 2012, 06:16 PM
    Can my husbands custody be taken away?
    My husband has 50/50 custody of his only biological child, The mother of said child has been dragging him back into court every year to have the custody order modified. My husband became unemployed 11 months ago and is now worried that this will affect the custody order even though I work and support our family.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Apr 6, 2012, 06:27 PM
    It he has been paying any child support, he needs to ask for a modification to lower what he owes since he is not working.

    But no, and in fact the next time she takes him back to court he needs to file to ask for her to pay his legal fee for filing a uncalled for motion. ( no major change to effect custody order)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Apr 7, 2012, 05:00 AM
    How old is the child? Has this really been a yearly thing?

    As Chuck said his being unemployed should not affect custody or visitation as long as the child is properly cared for while spending time with him.

    If the mother is truly dragging him into court regularly and having her motions be denied he needs to file a counter for court courts and harassment.
    jenii's Avatar
    jenii Posts: 6, Reputation: 1
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    #4

    Apr 7, 2012, 06:54 AM
    The child is 6yrs old this has been ongoing for 4yrs she has no evidence of him being unfit and she keeps putting stuff in there from his teen years, and also adding things that are completely untrue! Every time they go the courts tell her flat out that she is NOT going to get her own way (which is granting her full custody and him visitations twice a month) but she continues to play these games. The worst part is on her days that she does "have" the child she is very rarely with her, she is constantly left with 3rd parties (who don't properly care for her) while my husband is more then willing to care for her and available to do so!
    jenii's Avatar
    jenii Posts: 6, Reputation: 1
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    #5

    Apr 7, 2012, 06:57 AM
    He was taken off active child support last year he owes back support though.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 7, 2012, 07:50 AM
    Support and custody/visitation are separate issues unless - and I recently saw this - the Court decides that failing to support a child when you are able to support the child is irresponsible, bad parenting and neglect.

    In NY the Order can be "revisited" only when there are substantial changes in circumstance. Do I know where you are?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Apr 7, 2012, 08:16 AM
    So next time she files, you counter file for him having custody and her only visits, proving that on her time she is rarely with the child.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #8

    Apr 7, 2012, 08:22 AM
    At the least, if you have transcripts from previous hearings where she has been admonished, produce them and ask that she be cited.
    jenii's Avatar
    jenii Posts: 6, Reputation: 1
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    #9

    Apr 7, 2012, 09:19 AM
    Im sorry, we live in Pennsylvania. Payments are made monthly on his back child support and we provide everything she needs when she here as far as food, clothing, meds, etc.
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