Custody

[michellesatx]

Hello
I have custody of my 7 year old and her dad has visitation. I am going to federal prison for 9 months and want her to stay with my husband. Her dad has not paid child support in almost 2 years but my daughter does see him every week. If I sign over temporary control and custody to my husband will that be ok?

 

[seniorjudge]

Why are you going to the clink?

 

[Duranie]

No, you cannot sidestep dads rights and sign over custody to your husband. He is not the childs father. The childs father can easily file for emergency custody and he is likely to get it. Child support has nothing to do with his rights as a father.

Why haven't you complained to CSE about the lack of support?

 

[michellesatx]

Access device fraud. I wouldnt be signing over custody I would just give my husband temporary rights. He lives with his parents and is an alcoholic and hasnt worked in two years so I dont think he would get a lawyer and go to court. I havent even told them I am leaving and if I do I will tell them I am going for training for work. I will see my family every weekend so its not like I wont see her for the whole nine months. I think if I hold the threat of going to jail for not paying his child support he wont fight me. I have tried going thru the state attorney general for the child support but all they say is it is in the enforcement phase, whatever that means.

 

[Duranie]

Your husband has no legal rights to the child. You cannot sidestep Dad's right. You singing over temp. rights is not a legal document and not enforceable in court. Dad is dad and his rights are superior to your husband.

He might be an alcoholic but he is not the one going to prison for 9 months. He can easily find out that you are locked up. There is nothing you can do to keep Dad from picking up the child and keeping him once he finds out you are in prison.

 

[michellesatx]

Thanks for all of the advice. I know not to tell him now and will move the family away for the 9 months to a relatives house. That way my daughter's dad wont find out. I will be able to send her on a plane once a month to see him and that will keep him happy. Thanks again.