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  Want to take custody from her father

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Author Topic:   Want to take custody from her father
taylorsmom
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posted 02-13-2007 02:45 PM     Click Here to See the Profile for taylorsmom   Click Here to Email taylorsmom     Edit/Delete Message
I had my 8 year old daughter when I was 17. I lost custody of her bc I wasn't informed of the last court date so they gave him custody. I had visitation to her and I payed child support. Well about 5 years ago I lost contact with her father. I left messages with his family members and he never returned any of them. So I was unable to visit her. Well about a month ago I was notified that her home life was in distress and she wanted to see me. I want to know if I can get the child support dropped for those 5 years since I wasn't able to visit her. Also I want to know if the custody can be changed.

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Taylors Mom

lexiesmom
Member
posted 02-13-2007 03:39 PM     Click Here to See the Profile for lexiesmom     Edit/Delete Message
I don't see why you can't speak to an attorney about at least getting joint custody, I am surprised about his attorney or whomever being able to scheudle a court hearing without your knowledge. We didn't know where my husband was when I got divorced so I was required to have it published in the paper for 6 weeks before we could even make a court date. That being said I would spek to an attorney and explain why you missed court, show that you have tried to remain in contact and paid your support. With that I don't think there is really any reason you shouldn't be at least awarded joint custody. AS for child support, support doesn't usually refelct anything about visitation. Visitation is part of the court order and if you were awarded visitation rights and he broke the arrangments and kept you from seeing your daughter then he is in violoation of a court order and you can take him to court. If you do not have court ordered visitation rights and it has just been an agreement between the two of you then you legally don't have any action you can take except to take him to court and get court appointed visitation set up. It is my understanding that child support is due no matter what, my ex has no custody or visitation and is still required to pay $400 a month, not that he does or ever has but it will continue to accrue until she is 18 and after that it will continue to gain interest and affect his credit, taxes etc until he pays it.

Good luck,

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