[Narlo]

If I owe child support and I wanted custody of my son, what should I do. I can't afford what they are asking, and he's suffering from a form of neglect but by me being the non-custodial parent it's hard to prove.

[XenoSapien]

Yes, it's nearly impossible to prove. Acquire factual evidence that neglect is happening, and see if you can get a lawyer pro-bono.

XenoSapien

[cjonline]

Support and custody are two separate issues. If you can't afford the support payments then file for an adjustment of the support take your income in to the court and they will check it. In most states you can't do this but every 6 months and only if there is a big change, or once every two or three years. Find out how long it is where you are before you file the papers.

If you want more time with your child then ask the court for more visitation, unless there is a reason not to the courts should grant it and it can be done at the same time as the support. If you live close enough, in the same school zone, you could always ask for split physical custody, something like 3 days one week and for the next. Always remember that you are getting more time with the child because you want more time with you child not because you hope to cut the support down, which will only happen if the custody it split 50/50 I believe.

Neglect is very hard to prove. What 'form of neglect' are you talking about? Are you going on just what the child says or do you see something? You could always take the matter to Child Protective Services, though I don't find them the most helpful group you might have better luck.

You might also want to talk to an attorney, even if you can't afford it most will meet with you for free. That way you can at least get some information and your questions answered.

[ScottGem]

Custody, visitation and child support are all separate issues but all are subject to being ordered by Family Court. Any change in one or more of them, needs to go through the court.