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Answered 2013-01-20 19:20:35

Yes, if the court determines the custodial parent is unfit and the child would be better off with the father. However, he will still owe the arrears to the other parent.

Yes, if the court determines the custodial parent is unfit and the child would be better off with the father. However, he will still owe the arrears to the other parent.

Yes, if the court determines the custodial parent is unfit and the child would be better off with the father. However, he will still owe the arrears to the other parent.

Yes, if the court determines the custodial parent is unfit and the child would be better off with the father. However, he will still owe the arrears to the other parent.

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Answered 2013-01-20 19:20:35

Yes, if the court determines the custodial parent is unfit and the child would be better off with the father. However, he will still owe the arrears to the other parent.

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No, both parents have equal rights to the child. If the child is currently living with the father, then he has established temporary custody. A court will need to decide upon a formal custody and child support agreement.


The parents have to go back to court to file a modification of the custody order. They should also terminate any child support order that obligates the father to pay child support


If he has them and refuses to return them you can call the police. If you want him to have legal physical custody the both of you need to go back to court and have the custody order modified and the father's child support order terminated.


Didn't you keep custody from him and he got the child back? see link


Money will rarely if ever be a consideration for the court with regard to the best interest of the child. That is why the non-custodial parent will pay child support. If the mother is a good parent other than that, it is very unlikely that a court would remove the child from her.


If you owe any back child support, that will still be due.


The child must live with the parent who has physical custody per the court order. A "child support paying father" cannot just take custody of the child. Read your court orders.If there is joint custody, there will be some kind of schedule... and no, you can't "stop a child from living with" the father if that's what the order says, even if he is notpaying child support (the fact that he isn't adhering to the order does not free you to break it also). You would need to go back to court and seek to have the order modified.


If you are not married and there is no custody or visitation order, she has custody automatically. The father have to prove paternity in court by a DNA test and then petition for custody or visitation. He can then also pay child support.


Why not? It's still your child. Who has the child the father with mental problems or the custodial parent? Still if the father has mental problem and he fathered a child...yes he does have to pay child support. Was the father with mental problems receiving some type of disability for his mental problems? If so he is still responsible for paying child support. Does the father have custody of the child? Somebody needs to go back to court ad petition the court.


If you have custody and the father keeps the child with him without your permission you can call the police for kidnapping.


the mother of the child took the father off child support because she was not satisfied with the child support payments.


If you have full custody of one child it's the other parent that should pay you child support for that child. You need to go back to court to correct this.


Your child support is not dependent on whether or not you live with someone else. The support is for the child and the child's expenses. The only way your child support should stop is when the child turns 18 and all c.s. payments have been fulfilled (including back pay), when the back pay is paid in full (regardless of the childs age), when custody is changed (i.e. CPS/DSFS removal, juvenile detention, you go to prison/jail, guardianship of the child is awarded to someone else, the father wins custody of the children, etc.)


The only way would be to do a personal agreement between the mother & father, ideally having it filed with the court. However, at any time, either parent can utilize Child Support without the other parent's consent. If the Mother spends more time with the child than the Father, she is most likely entitled to child support.



Unless you are paying arrearages you can go to court and ask that the custody order be modified to reflect the current custody arrangement and also that the child support order be terminated. If the payments you are making are back child support the other parent is still entitled to them because they were actually due when the child was in their care.Go back to the family court and petition for a modification to the custody order and a termination of the child support order.


I doubt there were many child support laws back then. Normally, only the custodial parent of the child can file for child support, not the actual child.



That does not mean you have full custody. Even though the father is not around you should still go for full custody. Theres always that chance the father could back around and that child is not with you he has just as much right to that child as you do.


If the father has legal custody the child should live with him. What does the custody agreement say?


That does not seem right. The father needs to go back to court and get the Judgement altered so that the mother pays the non custodial support.


The father probably still owes the back child support, but it may become more difficult to collect.


A father can gain custody by going back to court probably with an attorney. The judge will have to decide that the switch is in the best interest of the child.


As long as you're not on Welfare, contact child support enforcement.



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