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HELP! Legal Matter!!!!!!!!

This is a complicated situation...Here goes. My fiance and I have a little girl together. My little girls father, has another child, Bridgette. His other childs mother, we'll call her Amber. Amber has never worked in her life. Never had a job. She lives off of the government, receiving welfare and foodstamps plus the housing vouchers. She never has her child, we keep her just as much if not more than her mother. The past 2 weeks are an example, we had her 6 days and her aunt had her 3 more days. He has claimed his little girl the past 2 years and this year, Amber let her bf of 5 months claim her and Bridgette. When neither of them keep her, my fiance pays child support plus has to send diapers and other necessities home to her. He is the sole supporter of this child. Bridgette is almost 3 and her mother has had her 2 weekends since she was 6 wks old. She parties every weekend and actually was recently arrested for hindering a police officer and her bf was arrested for firing a weapon withing a dwelling and presenting it at a person. He wants to file for joint custody but doesnt know if he could get it or even how to begin. If he does get joint custody does the child support decrease or end? Any advice is appreciated!

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Asked by Anonymous at 7:22 PM on Feb. 11, 2011 in General Parenting

Answers (7)
  • He can go through the attorney general and sometimes they will decrease cs or take it away all together if everyone agrees on joint but it sounds like he needs to go for full. If he gets a lawyer it will look better but its very expensive. GL

    Answer by aheuszel at 7:39 PM on Feb. 11, 2011

  • Sounds to me like he should try to get full custody of her. As far as I know, ( and I'm no laywer) child support will still have to be paid by him, maybe not as much, if joint custody.

    Answer by A.Perry at 8:11 PM on Feb. 11, 2011

  • If the joint custody ends up being a 50/50 deal CS should end completely that will all depend on the amount of time they divide though! he needs to start keeping records of when he has her, and yes look into legal representation! Full custody would be a better deal for you to fight for, then if thats not granted maybe the judge will say fine, ill grant you joint custody so either way you kinda end up with what you wanted originally!!

    Answer by sweetstkissez22 at 10:19 PM on Feb. 11, 2011

  • i dont kno to much but I am pretty sure you need to make sure you have all ur ducks in a row before u start pointing fingers because I doubt it is going to be a "easy" battle.

    Answer by Jazmineamomma at 10:37 PM on Feb. 11, 2011

  • If I was him, I would see about him just getting the custody for himself, since his daughter spends more time with you than her actual birth mother. The way it sounds, she doesn't deserve to be the child's mother. It sounds like the only person she is thinking about is herself. Do you think she would be willing to give up her rights as her mother?

    Answer by amessageofhope at 12:53 AM on Feb. 12, 2011

  • I agree the father should go for full custody. I also want to add just because the mother let her boyfriend claim the daughter doesn't mean your fiancee can't. I know from personal experience. All you do is file her SS# just like you would normally. The IRS will flag that a child's SS# has been claimed twice, on 2 separate returns, and will send both your fiancee and the mother a letter demanding proof of providing over half the child's support. The party that can prove they provided the 51% of her support will win the case, and nothing negative will happen to them, and they will receive the child tax credit. The party that fails to provide this information will be charged with tax fraud and fined. If you don't believe me ask a tax attorney, I had this happen when my son was a baby. His father was charged with fraud and I was awarded the right to claim my son for the next 5 years regardless of his living situation.

    Answer by ba13ygrl1987 at 1:31 AM on Feb. 12, 2011

  • Just make sure you can prove you provided at least 51% of the daughters support. This can be done through receipts, daycare payments, signed affidavits from individuals willing to state the child lived with you x number of days throughout the year. If you can prove you had that magical 51%, then file and let the mother and her boyfriend deal with the tax fraud case. It also might help you get that full custody. Good Luck

    Answer by ba13ygrl1987 at 1:33 AM on Feb. 12, 2011

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