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#92 - 06/05/04 07:42 PM advice
Rebecca Offline
recently joined

Registered: 06/05/04
Posts: 1
Hi, I'm new and was hoping someone that visits this site could help me. In West Virginia, could a man who is more than $10,000 behind on his child support and who is susposedly has brain cancer get custody of his child. I am the ex wife. I have taken care of our daughter by myself since she was four years old. He gets his visitation rights and I never fight him over them. Our daughter is now nine and has informed me that her father wants her to talk to a judge about living with him. We live in another state (Louisiana) , I moved here with the courts permission after the divorce. I will be finishing my last semester of college this fall . I'm just wondering how much of a chance he has of getting custody taken away from me. I don't drink, smoke, take drugs or anything like that. I go to school and take care of my daughter. that's it.

#93 - 06/05/04 10:12 PM Re: advice [Re: Rebecca]
M5K Offline
recently joined

Registered: 06/02/04
Posts: 21
Loc: TN
I doubt he could get custody. There has to be a substantial change in circumstances before a judge will change custody. If he truly has brain cancer, then I would probably be lenient on visitation.

I don't think you have anything to worry about, especially if there is nothing to signify a change in circumstances.

Good luck.

#94 - 06/05/04 11:42 PM Re: advice [Re: M5K]
Shyrider Offline

Registered: 05/29/04
Posts: 44
How old is your daughter now? Is your ex threatening to try to take custody away?

Since you were allowed to move with the court's permission, and you have been her primary caretaker, his chances of getting custody are slim to none unless he can prove that there have been significant changes in things since the divorce. (such as abuse, neglect, etc.) Custody is hard to overturn once it has been decided.

#95 - 06/07/04 04:11 PM Re: advice [Re: M5K]
Maury Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 8182
Loc: This Asylum --->
The entire issue is whether or not the change in custody is in the child's best interests. That is based on the totality of the circumstances and how those circummstances affeect the child. inshort, does the brain cancer affect care? The child support certainly does not and is unlikely to be a major issue.

Focus in on the best interests of your children and what the other parent does and how it affects them.


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