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    ijahnray's Avatar
    ijahnray Posts: 4, Reputation: 1
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    #1

    Nov 2, 2008, 08:50 PM
    Mother kicks kid out, is that giving up rights?
    My husband has had issues with his child's mother since we've been together, now 9 years. About 2 years ago, she put him on child support. His daughter is 14, and she is constantly saying that she wants to move with us. I have been looking around for an attorney for a consultation, but last Thursday, she called her dad late at night and said that her mother and her had gotten into a fight. Her mother called herself kicking her out, and saying that she can move with her dad. He went to pick her up that night, and she has been here since. We live in Georgia. Is there something that he can do since she is here now, and the mother kicked her 14 year old out? He is still paying child support, so how can she be here, and her mom still get money? I don't think that either one of them has sole custody. She has just been living with her mother. I would like some further advice, or if anyone has been in the same situation, what should we do? Does he have to pay to get an attorney? I know that he has a court date coming up about the child support. I told him that he should take her with him, and let them know that she has been at the house with us since last week.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 3, 2008, 03:39 AM

    If he has a court date regarding child custody, then he must discuss this issue when he goes. Good idea for the daughter to go as well.
    ijahnray's Avatar
    ijahnray Posts: 4, Reputation: 1
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    #3

    Nov 3, 2008, 07:21 AM

    He actually has a court date for child support. It's like a follow up behind he had fallen behind a few dollars in child support, he paid it, and now he has to go in, I guess so they can make sure. I thought that it was a great idea as well for her to go with him, but again, it's for child support, would that matter?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Nov 3, 2008, 07:32 AM

    Well, yes, if it's a hearing about child support, then its good. If daughter is living with him and wants to, ex wife should not be receiving child support.
    ijahnray's Avatar
    ijahnray Posts: 4, Reputation: 1
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    #5

    Nov 3, 2008, 07:34 AM

    Thanks for your advice. I will definitely tell him to take her.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 3, 2008, 07:44 AM

    He needs to file a motion to modify the custody support order. Until he does that he will be liable for paying support and the mother can order her daughter back to live with her.

    Whether he can bring this up at the scheduled hearing or not, depends on the court. But he needs to file this motion quickly. The motion should also ask for temporary custody until the issue is resolved.
    ijahnray's Avatar
    ijahnray Posts: 4, Reputation: 1
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    #7

    Nov 3, 2008, 09:05 AM

    Can he file that motion when he goes to the court house this week? The mother has the child support case in one county, and we live in another.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Nov 3, 2008, 09:54 AM
    He should file BEFORE going to court, so the motion can be heard and decided on when he goes to the hearing.

    You also need to switch her school and he has to have custody to do that.
    bobloblaw's Avatar
    bobloblaw Posts: 41, Reputation: 3
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    #9

    Nov 3, 2008, 12:52 PM

    Also, it is very important your husbands daughter go to the hearing. Judges put a lot of weight on the child's wishes - if the daughter really wants to to live with you, and she tells the judge that, I can't imageine the judge wouldn't find in your favor.

    Call Ann Dettmering at 770.771.5097. More info here - she's a child support lawyer in Georgia.
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