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Do I have grounds to get sole custody?

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  • Do I have grounds to get sole custody?

    I live in Louisiana. I filed for divorce in February 2013 and was granted joint custody in March and my daughter (who is 4 months old) lives with me, her father gets her every other weekend. He was ordered to pay $600 a month child support beginning in February. He has only paid $300 since the hearing, which was 4 months ago. He quit his job in the same week he was ordered to pay child support and has come up with every excuse not to pay (which I have documented). He is now engaged to another woman. Our divorce won't be final until September. She and her two sons, ages 7 and 9, live with him now. Their father pays $500 in child support every month. So he is supporting 3 people living in his house with him, but refuses to pay child support.

    I went to pick my daughter up from their house and walked in to a family living in filth. Dirty dishes covered the entire kitchen. My daughter's formula canister was left open with flies buzzing around all over the house. There were puppies coming in and out of the house who left poop and pee everywhere. There were numerous beer bottles all over the house and cigarette butts in every room. My daughter had dirt on her face and I picked ants off of her. I got her home and immediately put her in a bath. A few minutes into the bath she started screaming and crying like I've never heard before. She was exhausted. I also saw pictures of one of the puppies, which is as big as she is, jumping all over her and licking her all over her face. Now she has an eye infection.

    My ex told me that he doesn't care if he pays child support or not because he gets to see his daughter and there's nothing I can do about it. I want sole custody because I don't want her staying in a filthy house being neglected and because he shouldn't be allowed to get visitation if he refuses to pay child support.

    Do I have a case for sole custody?

  • #2
    Re: Do I have grounds to get sole custody?

    I wish to inform you that child custody is based upon best interest of child. In this you can argue that you should be given sole custody based upon neglect of child. You can present medical reports about infection from dog at fathers home. You may further demand alternative remedy that if father have some visitation then you may demand that visitation should be at your home or at a place other then fathers home. Lastly you may demand sole custody and court will determine based upon evidence which you can show against father. As regards child support father will have to pay child support if you have child custody otherwise you can have garnishment.

    AFF

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    • #3
      Re: Do I have grounds to get sole custody?

      Visitation and support have zilch to do with one another. What happened when you called child services (since you mentioned other children live there full time)? Their report on the situation may help.

      You can certainly file for a modification of visitation if you feel you can prove to the court that in its current state visitation is harmful to the child.

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