Hi, I am a new member here.

My ex husband has not paid me support in 2 years. He is in contempt of court in NY and has a bench warrant on him. I live in NY, my son is living with his grandmother in CT. My ex had me served to appear in CT court. He wants full custody of my son, and wants me to pay child support. What are his chances of achieving this?

Hi, welcome to the forum..unfortunately I wouldn't know the truth to that question because I live in canada, and as far as the u.s is concerned heard some pretty nasty horror stories just on SFV regarding custody issues.

I wouldn't think he would have any chance..would be my guess.

I think you need to bring as many of the court documents from NY courts to the CT courts. I would also make sure that if you have the money you hire an attorney. I do not think he will get full custody. Just keep on thinking positive thoughts.

quote:

Originally posted by emmarie0007:
Hi, I am a new member here.

My ex husband has not paid me support in 2 years. He is in contempt of court in NY and has a bench warrant on him. I live in NY, my son is living with his grandmother in CT. My ex had me served to appear in CT court. He wants full custody of my son, and wants me to pay child support. What are his chances of achieving this?

It depends on your situation but basically whoever presents them self as being a better custodial parent would have custody. When both parents are equal, then some of the things that matter the most are who will allow the other the most access and who already has custody as moving a child does hinder the child each time like school work and such things like that (if very young it wouldn't matter though).

Even if you get a lawyer, you should research on the internet the laws of your state. Judges like to see things like you are organized and document all events (shows responsibility in managing your child's life).

Hope this helps.

I know my ex tried this before but it was like big chance in ****. judge knew what he was motion but of court. Judge did give my attonery good advise about the child support.

Wow, I haven't looked in a while but I got replies, and on the day of court, thanks guys for the help.

An update. I became very stressed! I actually went and yelled at my ex, and I did feel better. He was hiding in the bathroom at my 82 year old mother's house. I refused to be intimidated. I should not have to stay outside because he is there working on the house! I told him he should be ashamed of himself!

So this time he brings my 18 year old daughter and his sister whom he is living with to court. I think they think family court is like judge judy and they were gonna bash me in front of a judge for daring to collect support. The judge
never saw any of the papers, just an agreement that our lawyers prepared. He finally admitted he owed me money. He tried to say he wanted custody and to put the arreage in a trust fund for the kids, (another control thing) In the end he claimed he makes $2oo a week, he quit his job and is working as a house painter(#1 client, my mother). So I am getting a 2,000 check and $50 a week towards the arreage (sp?) and he is paying $33 a week in current support. I am suppose to be 50 a week over the next 4 years. He got off easy, but I took what I could get, and it went as well as could be expected, he sort of did me a favor by going, although I'm not counting on seeing any money.

And family court, what a drag!!!! Sat there for a good 4 hours!

Having a warrant in another state has nothing to do with jurisdiction. If there is already an order filed in another state THEN jurisdiction can be determined. The fact that he has a bench warrant is another issue but is also a means to not give him custody. They won't dismiss an order and refuse to allow one parent to see their child. If custody was filed in another state already, that is a reason to dismiss because another judge already was given the case. At this point just go and fight the case. Download a copy of the custody laws from the internet and educate yourself on the current laws so that you are not clueless in the court room (Even lawyers and judges do not know all the laws, learned this first hand). No one cares more about your case then you do. Lawyers care about money, not about winning your case. They will try to win to get more money from you but their care is based on how much money you have to offer them. If they have another client paying double to them, that other client is double their importance in the lawyers eyes.

I was smarter then my EX's first lawyer. I personally won every court case I had against him without a lawyer (with a lawyer too, but that doesn't count). I won custody all by myself! Alawyer is good to have, but you should STUDY up for your case.

You should file a motion to quash the petition due to the fact that NY has jurisdiction but I see 2 problems with this. First your child lives in CT so that will give grounds for a change of venue, and then the fact that you DO NOT live with your child, if he proves that he can raise him and that the child will actually live with him that'll be a problem for you because a so so father is always better than a grandmother.

Adrian