Ow can they take my child away when i have joint legal and physical custody based on income? Thats illegal.

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I lost my job and notified both the court and mother of my child and yet they are keeping my child from me due to not paying child support. I'm filing for ssi because i'm disabled. The court has even ordered for me to pay for her attorney fees! I have no income but her mother is not working and she is able . I have asked for a modification of income but it goes unnoticed and i want my daughter back.

Attorney Answers

3
Michael Schneider ·
I would immediately file for a Request For Orders, RFO, for a modification of the current order re support and visitation. I would use her alienation as a basis of your modifying the visitation. I am sure it is not the court keeping your child from you based on support, because, as you noted, that is not legal. You really do need to have a qualified family law attorney from your area help you with this. Good luck!
0 upvotes
James Miller ·
You should contact an attorney in your area to help you or visit the self help center in your County. The court will not withhold a child from a parent because of non-payment of support. You need o file an Order to Show Cause requesting modification of child support and visitation. You should file as soon as you can. If you found this answer helpful, please take a second and click the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer.
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Phong Han 1219339.Html ·
Generally nonpayment of child support does not void your custody and visitation rights. If you have not paid support for over 1 year and have a child support order against you, you may be subject to an abandonment proceeding (Freedom from Parental Custody and Control) in which your parental rights are terminated under Family Code Sections 7820 et seq. If this is the case, you should have the right to be appointed an attorney if you cannot afford one. If this is not an abandonment proceeding, you may file an order to show cause for a modification of support, custody and visitation. I would recommend contacting a local attorney to determine what your rights and obligations would be. Phong H. Han Eaton & Associates http://www.bakersfieldfamilylawyers.com
0 upvotes

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