Child Support and Full custody?

Question

My ex husband hasn't paid child support in 9 years and he was court ordered to, we split up shortly after my son was born...we got married at 16 and now I am 26 and him 28...he walked out and has never been back and I want him away form my son, my son doesn't want anything to do with him either and has no clue who he is...he lives in Maryland and I am in Florida..he is also in jail right now and could care less about our son...has a heavy criminal record etc...I am remarried to a great guy who wants to adopt my son...already went through dept of rev and that was 2 years ago and haven't received anything...my question is how do I get full custody of my son, what is the first step?

Also if there is a possibility for him to get rights would we have to move back to Md? if that's the case I don't want to even bother with it

I don't want any chance of him being around my son so I don't even know about going through with this.We actualy have joint custoday legally but it shouldbn't be lol

Answer 1

Hire a Lawyer and get it done if you can. The Father may decide not to let go of custody and be a royal pain when he gets out of jail. He must have several thousands due in back child support too so that may be in your favor.  

Answer 2

The best thing for you to do is get a lawyer. They will give you a free constellation  Chances are your ex will not get custody considering his criminal record. Best of luck to you.

Answer 3

Sounds like he doesn't care, but I wouldn't want to stir anything up with him.

I would talk to a lawyer and see whats best, because at some point in the future he may want to see his son.

If you do ever have contact with him, you should try to be nice and reason with him, he may realize that giving up custody is the best thing for his son.  

Good luck

Answer 4

I actually know florida quite well. Im a dad that has custody of my daughter and had to go through the florida system to do it. Lakeland, none the less.

your best bet, is do you think dude will sign over his rights? Thats the easiest and least expensive. You just go to the court, request the papers, have a notery sign, petition, he signs, your on your way. Try this first.

I know it may be expensive also, but a lawer would also be a good bet here in the event that he wants to give you grief. You may even want to see about a free consultation. given the current situations, him out of state, in prision, terrible history of support, he may just even sign over rights. Make sure you document EVERYTHING.

but legally if he wont give it up voluntarily, the court wont wrest the child without good cause but like you said, hes shown he has no interest historically in being a parent and is just trying to make life hard on you. and if the courts can see that its in the best intrest of the child, they will grant you. so make sure again you have documentation. no. you moving back to MD, would not grant him rights, however, you are going ot be up whats called denial of reasonable visitation if he does decide to get caught up and you have not gone through the court. If he asks, while you have joint custody, and you say no, it can get hairy.

Again, document EVERYTHING. Phone calls, dates, times, what you talked about, slips of the speech. EVERYTHING.

DCF may also be able to give some free advice in that arena, but i wouldnt get them involved more then that.

Bless you for having to go through this, and bless your current  Husband for standing up and being a Real Man ;)

Good luck