Custody Help!!! - Los Angeles,CA

Updated on March 16, 2011
A.K. asks from Los Angeles, CA
8 answers

I have a question for all of you that know about custody with ex's. My ex and I went to court when my son was about 1 1/2. We went to court for custody and child support.
We were still getting along at that point so I made a side deal with with.
He was basically going to give me the bare minimun that he had to (basically what he was "claiming")
he was making and he would still help me on the side. And the custody agreement was 70-30. I, though, have physical and primary and sole custody of our son. I wasnt too happy about the agreement, but I trusted him(SOOOOO STUPID!!!).
Come to find out a couple weeks down the road he stops helping me with anything extra and i find out he is
making ALOT more money than he led on. I was working and going to school full time, basically paying for a lot still...
his measley child support didnt pay for much. And when it came to drop off's and pick ups he was always late!!!
He would never pick up my phone calls when I would call him. I basically never knew where my son was.
My friends would tell me they would see him like at 2 am with my son at a restaurant!!! He would forget to pick up our son from school and forget to take him to speech therapy that I was paying for!!!! So basically in the end of 09 I started to cut him off.
He stopped giving me child support in Aug. of 09 because he said that he lost his job
So i said that if he wasnt going to help me anymore he couldnt see his son.
It wasnt fair to me that he was having his cake and eating it too.
OH and then on the weekends he had his son my friends would see him out in Hollywood at clubs!!!!
His mom basically watched our son every weekend. So I payed for everything, and took care of my son full time.
I would let him see him every so often, but he wouldnt even call to see how he is doing or to ask to see him.
One time when he came by my house to see our son he messed up because he had advertising magnets on his car for a
company he had been working for. The number on the magnets was his. So he was obviously working.
Last March was about the last time he saw our son. He hasnt called to see him or anything. He called on his birthday
but we were at Disneyland so I couldnt really hear him that well. My friend in a similar situation said that
I can take him to court and strip him of his rights, because he hasnt tried to see or contact me to see our son
in a year. I have enough to do that alone, I have documents from his school saying that he forgot to pick him up,
and that he didnt take him to speech therapy either. I dont want anything from him, no money, NOTHING!!! I just want
my son. I want to be able to give my son my last name, and be able to do things with him like travel. I dont want him
coming back in a a year trying to get him back and mess him up again. I have worked so hard to get that little
boy where he is now, with school, having a normal schedule, etc. What can I do? Can I strip him of his rights?

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So What Happened?

I dont want him to see my son. PERIOD. He is not a good influence in his life. If he hasnt cared the past year what would make me think he cares now. I just want my son to be mine. I dont want to have to worry about that idiot coming out of no where and trying to take him away. Is that possible? Can I strip him of his rights?

**also the side deal wasnt even really a side deal. Him and I decided that we should go to court so there would be no confusion in the future. I knew where he was working, but I guess he also had something bigger going on the side. He told me he couldnt help me with that much but when he could he would definitely help me with as much as he can. So Like an idiot i trusted him.

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A.C.

answers from Huntsville on

visitation is independent of support. He doesn't have to pay support in order to see his son. If he has not seen his son in the last year b.c of his choice, you can probably start the process to TPR (terminate his parental rights). You will need an attorney to do so. However, if you have blocked him in the last year and he can prove for any reason that you have kept him from seeing his son, then you will probably have a hard time terminating his rights.

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More Answers

S.J.

answers from St. Louis on

These are all questions you should be asking an attorney, not on mamapedia.

You said you made a "side deal" - was this deal entered as a court order? If so, filing a motion to modify or whatever is applicable in your situation is something the attorney will discuss with you.

One cannot "make a deal" to not pay child support. The money is for the benefit of the child. Just because you don't "want" the money doesn't mean he won't be ordered to pay it.

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D.P.

answers from Pittsburgh on

I don't know about CA, but in Pa support does not entitle visitation. They are two separate entities.
Just because a father is behind/late on the support does not mean his visitation is denied.
I think you need to take him to court to get the support your son deserves.
And let him petition for visitation if he's interested.
You can travel with your child even though you have different last names!
Sounds like you might need some legal advice as to the parental rights. It's pretty hard to terminate parental rights if the person isn't willing to do so, I think.
Good luck.

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T.L.

answers from St. Louis on

I would look into having his rights terminated and still going after him for child support. It is still his child and he should still help support him even if he doesn't want to have anything to do with him. I would contact an attorney to see what options you have in Calf because every state is different. You could also call the attorney general's office and they may offer going after him for child support for free.

Edit: We too have learned to NEVER trust an ex they are an ex for a reason.

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D.S.

answers from Houston on

go to child support and sign papers against him he will lose his drivers liscense and everything. they will garnish his wages and taking him back to court will cost money but if he is out of the pic why worry. tell him he has to pick his son up from your house and he wont show up and none of this will be an issue anymore. i know been there done that. he has rights let him have them but he will never show up so why worry about it. by the way did you divvorce my ex???? :) they act just alike

ps if you take away his rights it will be a poor me the witch took away my rights but if you dont take away his rights he cant blame you. but he probably will anyway he will make up reasons. like mine did "i am afraid if i try to see my son she will have me arrested" "she hasnt let me see my kid in 3yrs. " he forgets to say he never showed up or called or cared enough to try.

R.C.

answers from Bakersfield on

You need to get a lawyer and get this mess settled!
Court documents are your best bet that will keep things where they need to be!
Best of luck!

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A.C.

answers from Columbus on

Custody arrangements and child support are 2 separate things. I agree with Rose C.---contact your lawyer asap and document everything.

I believe that if his work status has changed you can go back to court or file papers to get the child support payment reviewed.

And if he's missing dr appts for your child, and having your child in bars at 2 am, I would think that the court would discontinue his visitation, in an official capacity, except for supervised visits.

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B.V.

answers from Los Angeles on

Only a lawyer and a ;judge and make a deal You must get help and
make every thing legal and hope it works out well.

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