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Custody questions... please help?

the father and I were never married, i had primary custody and father seen him whenever he wanted. yesterday in court comm. hearing I signed a paper saying dad could have primary custody, I was prepared to pay child support against what he already owes me in arrears, (9000.00), the commisioner said I had to pay the full 17% which would be alot for me I make decent money. and since he doesn't work, says he makes 500 monthly, they only are making him repay me 50 dollars a month i was floored what?? how fair is this? this guy is a loser and I didn't know he lost his last job, (he never told me) otherwise i wouldn't have signed my kid over to him. they said I could appeal this within 15 days, which I will do, question: what if he doesn't want to give him back (cuz he loved the figure I'd have to pay monthly) I have several pro's on my side, but is this going to turn into a mess, should I get a lawyer, that is so expensive... I am sick to death about this all.. any suggestions would help.

Update:

no, I am not a dead beat mom, my son is old enough to make this decision, so I let him go, wanted to try the school by his dad. I don't call that pathetic, but thats what makes this country free, our opinions.

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    go to a lawyer and get a free consolation. get some advice from him #1. but the best was to get you kid back is to find proof he is not a fit parent, No money , no job, drugs,proof of un sanitary living conditions, abuse mentally physical emotional, or if he try to keep your kid away from you,those are all ways to get your kid back.....but remember you got to have proof of any of this. Unless you can argue that you did not want to give you r kid up in the first place and you singed papers you were not fully aware of singing ,like what all would happen when you singed the papers. that one is a far shot but it might work. mother most likely get custody of the kids in the end but not all the time. but I think you do need a lawyer they will be the one to help you the most in the end. If you think the lawyer is not helping find a new one that will.

  • 1 decade ago

    It sounds to me like the money is the primary issue here. Custody laws vary from state to state. I imagine in your appeal that you would have to show cause to why you now find him unfit. I would include the fact you were unaware of his employement status. It is possible you both could work out a custody agreement and have it entered as the standing order. Most courts will not consider payment against what he owes you because they are there to ensure the best interests of the child meaning that the child is supported. Bottom line: They will look at your income and determine a payment accordingly. You will be required to pay it. Most court houses have packets you can purchase with pre-made forms you can file Pro Se. See if they have an appeal packet w/instructions. On another note, despite everyone telling you you are terrible for giving up custody consider this: I have two beautiful step-children to whom I am Mommy. Their mother is not mature enough to care for them and if you are unable to care for your child it is better to place him with his father providing he is fit. My youngest does not know her mother and my son is subjected to her using the minimal bond she has with him to create problems in our home. I wish she would walk away. Instead we are fighting her in court because she has had two more children (different fathers) and pays no child support to us and has not seen them in two years. So, that being said, whatever you do do it for your child. Good luck!

    ********

    I am not an attorney and therefore cannot give legal advice and encourage you to seek the advice of an attorney.

  • 1 decade ago

    Ok first of all don't listen to those who wonder why you decided to have your child live with thier father, I did the same thing, my child was old enough to make the choice. I think you should get a lawyer, even though it would be expensive, look at it from this point of veiw, he can't afford a lawyer, and a lawyer will know what you want to do and is fluent in legaleze. Let it turn into a mess, you only want what's best for your child.

  • 1 decade ago

    Why did you give up custody to this jerk? 17% seems about right for you to pay for one kid... if he does not work, $50/month is the min per month that a judge can allow

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  • 1 decade ago

    $50 is the minimum in almost every state for child support repayment if one spouse (the obligor) does not have the resources to pay any more than that and sustain a life where they can get food, ect.

    It is in state statute in your state most likely.

    Why did you give up custody anyway?

    Source(s): I am a divorce paralegal.
  • 1 decade ago

    Are you a deadbeat mom? Why the heck would you give up custody? Seriously thats pathetic.

  • 1 decade ago

    why would you give up custody of your kid?

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