need help please

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christi76

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Our child was born 10-98.we divorced in 4-2000. She went to live with him in11-99. We both agreed she was better off with him. I had no income and no stable place to live. In our divorce he was given custody and we put that I was to pay $100.00 a month. He told me the lawyer suggested he put some amount for child support but wasn't going to ask me for anything.
For the next 2 years I started messing around with methamphetamine. I got further and further strung out over the next 3-4 years. Being strung out I saw her less and less. I didn't want her to be in harms way and knew I couldn't guarantee that so I just didn't go. I never paid my 100.00 child support. In Jan. 2001 I got pregnant and stopped using till my son by another man was year old. My mom got custody of him.
During the time she was with him she had lots of problems in school. Was violent towards people at school and was having a real bad time with life. She was on all kids of medicine trying to find something to help her. She was in and out of the state hospital.
In Jan. 2007 I stopped doing drugs and got my life in order. I started seeing her again on a regular basis. In march 2007 after weeks of trouble with school they were going to admit her to the state hospital again. We agreed that she could come live with me and see how she did.
She has been with me for 13 months and is doing great. She is off all medicine, in a regular class at school, takes choir, makes passing grades, never has had any problems with her behavior and is a happy child. We both agree that she is doing better here than she was there.
In April 2008 I ask him for 200.00 a month child support and he is now refusing to pay. He makes from 4000 to 8000 a month. He still has custody of her, but cps knows she has lived with me for this time and school records show the change of school and parent. He agrees she needs to be here, but is giving me problems not wanting to pay me anything. He hasn't given me any money since her move. I don't know what to do. How do I go about filing for custody. I am clean and am not worried about passing any drug test, but don't want to risk this all going south and he getting her back out of spite and her regressing back to the mess she was.
If I do file and go for custody will the judge look at her mental state while living there and how much progress she has made since being with me
 
The judge will take all factors into consideration including your past drug use. Her doing better in your care and your being clean both work in your favor. However it simpossible to say how it will turn out
 
i dont want her to have to go thru all this but cant do it on my own. it upsets me that he dont just agree to pay that small amount and us agree to something on what i owe him and not have to make her see us not getting along
 
You don't have that option. There is already a court order giving the other parent custody. If you want that changed you need to return to court
 
i really dont have money to hire a lawyer is there any place that gives help to pay for a lawyer or would the attorney general help me?
 
if i can get him to agree to my terms can we have an agreed modifacation drawn up and file it ourselves. then have the judge sign it without having to pay for a lawyer's time olny the fee for haveing it drawn up
THANK YOU FOR YOUR TIME AND ADVICE I AM GREATFUL
 
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