How can a non-custodial parent on child support get custody of a child?

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The father is in arrears and lives in AL. The mother and child are in LA. The mother is unstable and the father fears for her safety

Attorney Answers

3
Lisa Ivey ·
If the father has an established custody or visitation schedule with the child, he will need to ask the Court to modify the custody arrangement to give him custody. He will need to allege that there has been a "material change of circumstances" so that it is in the child's best interests for him to have custody, and that the benefit to the child of moving back to Alabama outweighs the disruptive effect of the move. The child support arrearage may be taken into account by the Court as a factor against changing custody, particularly if it is a large arrearage and the Court believes that the mother's problems are being exaggerated in order for the father to avoid paying the arrearage. I recommend consulting with an attorney who can listen to the specific facts and better advise you on the likelihood of success.
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John Morgan ·
File suit for custody in the appropriate jurisdiction and court. It is not clear which state has jurisdiction, although I am guessing it is Louisiana. If so, you need to consult a Louisiana lawyer in the parish where the case will be heard. Otherwise, you will need a licensed attorney in Alabama. Either way, you should try to get your child support payments up to date, if you are really interested in your child's best interest and welfare. (Otherwise, the judge is likely to view the case as a deadbeat dad trying to jerk around the baby momma he won't pay to support the child they conceived together.)
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Christie Lyman DowlingDivorce / Separation LawyerBirmingham, AL ·
There are many specifics that would determine where you need to file your custody petition. If the child is in imminent harm, you should contact social services where the child lives. If you do that be sure to let them know that you are available as a legal father willing to take emergency custody. Make sure you have the signed birth certificate and paternity order. It is important that you pay as much of the child support as you can, and at the very least begin making regular monthly payments in the highest amount you can to demonstrate your good will. Also, wherever you file, if your current income is lower than when the child support was set, be sure to ask to modify that support if custody doesn't change. It can only be reduced and stop arrearge from the date that you file asking for reduction.
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