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Custodial father facing a custody challenge from uninvolved mother after he seeks child support


Your Question:
hello i am a 32 male who has primary physical custody of my daughter who is 9 and my son who is 5.Ive had this for 4 years now unti the other day my ex wife files for a mediation to change this. She has no case and has never paid me child support. This all came about after i said i was taking her for support! She lives with her new boyfriend whom they have 3 kids of there own now. Him and her abuse my children mentally and constant yelling and smacking. My kids told her they hat her and they dont want to live with her. I have my children in many sports wich there mother has never ever once came to watch them participate in. I also have many witnesss on many of the issues with her. I am just scared of losing my children, they are in fact my life. I love them to death. Can she do this?

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My Answer:
Hi,

Your ex can file anything at any time. It doesn't mean that she'll get what she wants.

However, it's very important for you to respond assertively and with sound legal arguments as to why the current situation remains best for the children.

Based upon your note to me, writing is not one of your top talents.

Because the majority of arguments in family court occur in written pleadings, you need to hire a family law attorney to represent you. Get one with at least 10 years experience in your county. It's possible that the mother may be forced to pay your attorney fees, if you can't afford it.

The attorney will be less costly than losing your case. If you try to do it on your own and you lose, there is no "do over".

If you have no major issues in your home or with your parenting, she'll probably lose since the kids have been in your care for years. But you need an attorney to make sure your case is argued appropriately and effectively.

Eric





This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.


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