If I’m a stepmom, what do I need my husband present to file for custody or can I do it on my own?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m a stepmom, what do I need my husband present to file for custody or can I do it on my own?
My husband has a 9 year old son with his ex. He also pays $400 in child support each month. But I dint think that the money is used on his son at all. His son comes over in old small clothes every weekend. There are times there is no food in the house (at his’ ex’s house). I think she is abusing pain medication. Her speech is always slurred and she has a hard time remembering what time of day it is. Plus, she’s trying to move 2 hours away. With no job.license, or anything. She wants to live close to an aunt that called Children Services on her and her dad that’s not supportive.
Asked on August 26, 2012 under Family Law, Ohio
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Your husband is the person with "standing" or the right to file for a modification of child custody. What you can do to help him is to record or document the condition of the child when you first receive him (i.e. clothes too small, not clean) or to make specific notes on ex's condition on certain dates. If she has already been the subject of a CPS investigation, the combination of the investigation, notes about the child, and an offer to be a better support system for the child should improve your husband's chances of being awarded custody of his son. Talk to a couple of family law attorneys until you find one that you are both comfortable with. Don't hire someone that you don't like talking to... because family law cases often turn on personal details--- if you don't trust the attorney to talk about the details, it will hinder their ability to help you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.