Sunday, September 7, 2014

I want to file for child support but my exboyfriend threatened to file for custody and im afraid they could take my kids from me...i have a ...

Question

I want to file for child support but my exboyfriend threatened to file for custody and im afraid they could take my kids from me...i have a 17 month old and im currently pregnant with my 2nd child...he says itll be easy for a judge to take them from me because i dont work and havent worked for 2 yrs and thats because my ex said that he wanted me to be a a full time mom because he didnt trust anyone else to take care of my son and that he would work two jobs to support us.. hes not legal in the US but ive heard that fathers still have rights...please help me!



Answer

Based on the facts described in your inquiry, you are advised to seek child support because the support of your children is a high priority under Florida law. The arguments of your ex regarding have no legal basis. A court will consider the interests of your children to be the highest priority. Each parent has legal rights, however such rights also include responsibilities which includes child support and care of the children. It appears you have a much better right to residential custody and he has an obligation to support with perhaps visitation. You are advised to consult with a family agency, legal aid group, or family lawyer regarding your specific situation.



Answer

Illinois works a bit differently than Florida - however the nexus is roughly the same.

First, understand that ex's always threaten custody actions when support is involved - in my experience only 5% go through with it. Why? Because they are expensive to initiate and sustain; GAL, mediation, and 604b fees are thousands of dollars. Few vindictive ex's have the financial resources to pay for these.

Ergo, do what's best for your kids. Don't be another victim of fear. If you receive public aid, DHS will prosecute this for free - give them a call.



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