Check out some similar questions!

nikkilee1979 · Jun 20, 2012, 07:35 AM

My 8 yr old sons father wants him to go live with him... he recently stopped working due to a so called back injury and now he wants him and wants me to pay child support. What are the chances of him getting him... I would assume if you are unable to work and on workers compensation then you probably can't properly meet the everyday needs of an active 8 yr old who does a lot of running and it to sports.. if so then surely he can be retrained to go back to work doing something

JudyKayTee · Jun 20, 2012, 08:02 AM

The only way to know is for him to go back to the Court that awarded you custody and request a change.

This could work 2 ways - it's summer and the father is (apparently) always home. If you work, who watches the child?

It will come down to what the Judge feels is in the best interest of the child.

Fr_Chuck · Jun 20, 2012, 08:21 AM

Sorry no, being disabled does not get children taken away, if you were disabled, would you agree to give up your kids ? Sorry he could be in a wheel chair and still have or get custody.

The issue is why you should lose custody, can he show you are not raising the child property, can he show you are a bad or unfit mother ?

If not, the best he can get is joint custody, with him having the child 1/2 the time and you 1/2 the time. *** this type of custody is getting more and more common.

ScottGem · Jun 20, 2012, 09:34 AM

We can't predict what a court will do, especially with such limited info. But we can tell you that courts are reluctant to change the status quo without good reason.

If his disability is such that it would be difficult to supervise and active 8 yr old, the court would take that into account.

But if he's just doing this so he gets child support, that's not a reason courts will listen to.

You didn't say whether he has gone to court or just made noises. I wouldn't worry about this until he actually goes to court.

nikkilee1979 · Jun 20, 2012, 10:17 AM

I was just served with papers recently for an upcoming court date. There are also other issues such as his fathers mental stability... just don't know how to prove it... although when we went to a mediator 8 yrs ago he admitted to the mediator that he did in fact come to a residence in which I was at shooting off a shot gun into the air, and the mediator said he was going to note it on file that he had no trouble admitting it. He is a very possesive and controlling person. Just 2 months ago I met him to drop our son off and he got into an argument with me over my sons dog, and got mad and started threatening to run me over, and pulled out of the parking lot with my sons passenger side door wide open, then stopped a little ways down the road so my son could reach out and close the door... but how do you prove this stuff to a judge ? Or do they even take that stuff into consideration. As well as I know drugs have always been an issue in his life... can they make him go for a drug test ?

ScottGem · Jun 20, 2012, 10:27 AM

First keep a journal you can present your journal in court, if necessary. Do you know if he has an attorney? Because if he does, then you will need one of your own. I do not recommend going up against an attorney pro se. Since he brought the action, you may be able to get your expenses paid.

I would definitely ask the court to do a home evaluation. This would involve sending a social worker to review where he lives and its suitableness for an 8 yr old. However, if you have no problem with allowing your son to stay with him for short periods, then that may not fly.