My husbands divorce and custody final judgement was 2 years ago his ex was awarded residential custody of their son. She gave him to us 6 weeks later we have had him since, now she is having finacial troubles and wants him back so she can get childsupport. She said since she has a court order we have to comply. What can we do he starts school in 6 days? I don't want to hand him over and wait for court it will mess up his schooling.Not to mention after 2 years of solely supporting him finatially I can not afford to pay her child support. Please Help!!!!
2 Answers from Attorneys
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You will have to file an emergency motion with the court to try and modify the custody order. Failing such, the mother may have the right to get the child back and your husband will have to pay child support.
Scott R. Jay, Esq.
The father needs to petition for modification of custody. If he has had the child for two years and things are going well, there is a good chance that will get primary residential custody with visitation with the mother. In such case, she would owe him child support.
Between the fact that she gave up the child after just a few weeks and that her life does not sound stable at all, I think you have a good case for permanent custody.