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Do you know what is the first steps to take when you want to file for child custody and child support?


father been neglectful for years giving money and seeing daughter when ever he wants without any responsibility. Now, father is trying to file for child custody. Mother has been the primary caregiver. She gets financial support from her parents as she is completing her education. Daughter is a healthly and happy child living with mother. What can mother do in case she finds out that father has broken their verbal agreement to not have to involve the law and to be responsible in raising their daughter? Can she file for child support and custody even if she suspects that he has already seen a lawyer for advice? If she cannot afford a lawyer, where can she go and who can help? She deserves to be with her daughter and needs the right advice in regards to the appropiate actions she needs to take.

This is a perfect example of why she should have filed for child support at the time of separation. Now, she needs a lawyer to get it done whether or not he has filed. If you cannot afford an attorney contact your state Bar Association and inquire as to legal aid societies in your area. The state will file for child support for you free of charge.

Try "legal aide" first, they have free attorneys for low income individuals. If she can't find them or doesn't qualify, look up the "bar association" for her county. They will have info. on how to find a free, low cost, or attorney willing to take payments in her area. Also if you look in the phone book, most times attorney's will advertise, "free consultation" & you can run the situation by them without hiring or paying them to find out if you want to go further.

Technically she already has custody. The child has been living with her for x amount of years, not the father. Since she has custody, he will have to fight VERY hard to have that changed. Plus if they were never married, she has custody already by default law. Courts do not like to uproot a child and change their living arrangements unless there is a danger to the child. He will have to prove her unfit. Which it sounds like he can't do. It sounds like she's not a drug user, alcohlic, or neglegtful mother in any other way. He could also try to say she is denying visitation as a way to change custody (which is a vaild reason to change custody). But, there has to be a visitation order in place first, before she can violate it. Not saying that she would or is, but sometimes the other party lies. Even if he did try to say that she was keeping the child from him & that was his reason for wanting the custody change, HE would have to prove it. If he does get a good enough lawyer, she may have cause to worry. Just because the law is on your side, the verdict doesn't always work out that way. (I know from experience) The court systems suck. I can understand why she would want to stay out of them. But this really is a tense mess. She could be worried over nothing, maybe he hasn't seen a lawyer, or maybe she has every right to worry because he has. My suggestion is to tell her to look out for herself, and never mind the verbal agreement. It will suck to have to deal with the courts for the many years to come, but at least it will be harder for him to take her child from her.

Good Luck

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