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There is a bench warrent out for my childs father, how can i get custody changed?

Sadly, my sons father(if that's what you call it) is a addict and never showed up for court on a drug charge. So there is a bench warrant out. Plus he is in rears for 4,000 for child support. When they find him, can I change custody status to just me? Currently its joint. Can I change it myself when he is arrested? And what about the money he owes with child support? He is on the run and never calls to talk to his child which is 6yrs old. Luckily I am married to a good man who fills that void in my sons life.

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Asked by Anonymous at 10:02 AM on Apr. 6, 2011 in Relationships

Answers (7)
  • You can file for a custody change anytime you want to. If he has not been in the childs life you can file it now showing he has not visited and has no interest in his child. If they cannot serve him then you win by default. If he has a warrant odds are he wont show up in court either. I would do it now. Why wait?

    Answer by gemgem at 10:04 AM on Apr. 6, 2011

  • You can not change custody yourself. There is a legal process that you must go through. I think he is responsible for child support no matter what his life is like. You do need to see/talk to an attorney.

    Answer by meooma at 10:06 AM on Apr. 6, 2011

  • your husband should be able to adopt your son easily enough.

    Answer by Zakysmommy at 10:07 AM on Apr. 6, 2011

  • You need to call a atty or find the office in your area that can help you get it submitted to the courts, I am sure under your circumstances the court will side with you for now! I agree with gemgem do it now do not wait!!!! Good luck!


    Answer by jenn2bowman at 10:09 AM on Apr. 6, 2011

  • You would need to go to court, just like when the custody agreement was first written up. With any luck, he won't show.

    Answer by Candi1024 at 10:12 AM on Apr. 6, 2011

  • If you want to make a custody change, now is the time to do it while he has other outstanding warrants.

    Answer by jmpj8107 at 3:02 PM on Apr. 6, 2011

  • I'd fight for full custoday on those grounds alone...

    Answer by monshine2 at 5:01 PM on Apr. 6, 2011

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