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Feb 07
2007
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Ask a Lawyer: Custody ModificationPosted by: Dads Divorce on Feb 7, 2007   |
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Question:
My ex-wife called wanting me to come and get my 13 year old son. She stated she couldn't control him. I went and got him and he wants to live with me. She had initially agreed to this until I told her I would no longer pay child support. I also have a 16 year old daughter with her. My ex now says she will not give me custody of my son. Should I petition the court for modification, or would I be wasting my time? Also, if I get custody of him, should I still pay support for my daughter since I would not require my ex to pay me support for my son?
Answer:
Allow me to preface this answer with the comment that I am not licensed to practice in Alabama. You should Petition for it. Based on his age, the court may be inclined to consider his wishes, plus the fact that she relinquished custody to you. As far as child support, there is normally an offset. What you should pay her - what she should pay you = the difference (child support). I do not know how Alabama applies the same principle, but generally child support will not be eliminated just because there is split custody.
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