Concerns of deadbeat dad attempting full custody.

[mn2011a]

Mother and Father had two children now ages 6 and 4 out of wedlock. Mother has been providing borderline adequate care for children in apartment for about 5 years. Father has contact about 2 days per month by his choice and has not paid child support for about 2 years.

Father has recently married but is living with wife and 2 other adults in trailer home.

Mother is concerned that Father (and wife) will try to gain sole custody of both children, to save on child support that has been accumulating.

How valid are mothers concerns?

 

[Proserpina]

On what basis would the Father be filing to change custody?

There needs to be a substantial change of circumstance.

He can't just file out of the blue and expect to get sole custody. And really seeing the kids 2 days per month? Nope - he's not getting custody any time soon.

UNLESS there is a problem with Mom's fitness....

(And even if he did, it doesn't wipe out child support arrears - he'll still owe)

 

[mn2011a]

Thanks for replying Proserpina!

I believe the reality is Father won't do anything, and Mother is just exaggerating. My opinion is the courts would see him being a fairly absent part of the children's lives, and throw the request out.

The only cause I think Father could say is "He's married" (change of circumstance?), and Mother thinks this is only to avoid further child support requirements. His environment is not significantly better that Mother.

I'd think the child support arrears would have to be addressed before Father would try for custody. If he were to question Mother's fitness, he wouldn't be in a better position, so would that transfer children to child services instead?

 

[Proserpina]

The child support has nothing whatsoever to do with custody or visitation.

Dad getting married doesn't change anything since he's not the custodial parent. It also doesn't affect child support. Though he'd be best advised not to have more kids since he apparently isn't paying for the ones already present...

 

[mn2011a]

Thank you for your help.