bluebutterfly
recently joined
Reged: 06/11/12
Posts: 1
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My ex boyfriend has court ordered physical custody of our daughter and I have visitations. He lives in Miami and I live in San Antonio. In May of 2010 I picked her up for the summer and she told me she does not like living with her father because he is very aggressive, is barely home so she spent all day with his wife and he made her take cold showers when she talked in class. When I spoke with him he said it was ok for her to live with me as long as I dont apply for child support or any type of government assistance, which was fine by me. She has been living with me since that time. She is doing excellent in school. Is in sports and attends church weekly. Her father does not call and the last time they spoke was in June of 2011. I want sole custody of her as he doesnt provide any type of care for her. Should I file for a change in custody and should I do it in Texas or Florida. I donot want my daughter back in that situation and her father has shown that he doesnt want to provide for her.
We have tried calling him but he does not return messages or emails.
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2015
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The first thing you need to do is talk to an attorney about getting custody changed. The jurisdiction is probably where the initial order was. And when you file for custody, do not address support at all and ask that the status quo be upheld until the issue of custody is resolved, which is her living with you. Because without a court order stating otherwise, the father can revert back to the old parenting plan.
And once custody has been switched over, apply for child support. He shouldn't get a pass on supporting his child.
BTW, if you have an order to pay him child support and you haven't been paying it, you will be responsible for all arrears until the court order is changed.
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