Change custody and back child support

Bankruptcy and Debt 5 views 4 answers
I do not have custody of my son. I owe back child support about $10000. My son for the last 2 years has lived with his grandparents and not his father. I don't have custody because I moved to Michigan with my son after leaving my ex and could not come back to court after he filed. I am now in a better position, I live about 2 hours away from him, and have been working on paying back child support off. Can I get custody since he does not live with his father? Will my back child support affect this?

Attorney Answers

4
Robert Vondohlen ·
Maybe. You have a lot of 'moving pieces' here. You need an attorney.
0 upvotes
Theresa Langford ·
Robert von Dohlen is right - you have a lot of moving pieces. You will have to address the child support issue, as well as the circumstances of leaving to Michigan and not returning. If dad is out of the picture, you will have to contend with grandparents, as by your description, they may very well have standing.
0 upvotes
Thomas Baker ·
You can file to modify custody based on a material and substantial change in circumstances of the parties and child. A ground to modify is relinquishment for 6 months or more. You need to consult family law counsel and retain counsel. Other orders including visitation and support will be included in the modification petition. Good luck.
0 upvotes
Carolyn Mcdaniel ·
You need to go ahead and hire an attorney to file a Modification. It might be possible if you get custody to get an agreement for an offset on what you owe him for what he would pay you. So he might pay nothing to you for credit for what you didn't pay him. Consult a local attorney to get clarification
0 upvotes

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