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[tammied]

What is the name of your state? MS

coming from AL. needing to know if I can go for custody without having my CS paid up?

 

[stealth2]

Please keep your posts together - noone is going to take the time to sift through everything you've posted to piece together your story if it's scattered around.

The answer to your question is yes, however a modification generally requires a significant change in circumstance.

 

[usmcfamily]

Well, typically the motive for a court moving custody from one parent to the other is that life with the parent custody is given to would be in the "best interest" of the child -- if you are not willing/able to provide the support ordered by the court for your child as it is why would the court see you as the better parent for your son? Obviously your ex is currently managing to provide for the boy.........non-payment of support is considered irresponsible behaviour for a parent......so to ask the court to take your child from the home he is currently in and place him with you (who the court will see as an irresponsible parent) would seem a bit odd. I would suggest you first work on paying the debt so that you can prove to the court you are making the effort to be a responsible parent and THEN pursue the custody if that is what you want to do.
Why are you wanting to remove the child from dad's house? Is there a danger the child is facing in that home? Why was dad given custody to begin with? Have the circumstances that caused that to be the order changed? Because unless you can show a VERY good reason for the change pursuing a change of custody will likely just waste money that you could otherwise be using to pay the support debt........

 

[tammied]

momma-tiger

sorry for skipping around new to all this.
custody was not awarded to him for any mistakes i made. we never went before a judge. at the time of divorce X took son and kept him away from me until i signed papers. i had no place to live and no means of supporting myself because he caused me to lose my job. i don't want to take him from his daddy, but i do want to spend time with him. his daddy tells him thimgs about me that are not true and it upsets our son.

 

[I AM ALWAYS LIABLE]

Re: momma-tiger

sorry for skipping around new to all this.
custody was not awarded to him for any mistakes i made. we never went before a judge. at the time of divorce X took son and kept him away from me until i signed papers. i had no place to live and no means of supporting myself because he caused me to lose my job. i don't want to take him from his daddy, but i do want to spend time with him. his daddy tells him thimgs about me that are not true and it upsets our son.

My response:

All of that garbage is legally irrelevant now. You had an opportunity to bring that situation to the court's attention; rather, instead of that, you agreed and signed a custody and support order.

So, stop making excuses - - no one's listening! You have a child to support, and that's what matters now - - and you're not doing it. The ONLY thing that matters is, "what are you doing TODAY?"

So, that "bad things" he's wrongfully telling your son is that you're "trailer trash" and you can't even follow simple court orders!

IAAL