Legal Question in Family Law in Missouri
modification of child custody
My ex was given full custody of my 4 year old daughter in oct of 2002. Since then I have never missed a child support payment or visit. I am allowed to have my daughter every tues. @ 10am to wed @ 8 am. And every other Fri. from 6pm to Sat. 8 pm. My ex is responciable for picking her up at the end of my visitation, and she moved 50 miles away about a year ago and never seems to make it here to get her, yet always finds a way here to get the child support check. Since the beginging of ,04 she has had her a total of 43 days. I have had her the rest of the time. I would like to know my chances of getting full custody at this time and stop paying this women when i am raising our child. I believe my daughter living here is in her best intrest, I have consulted one lawyer who told me i have no chance of getting custody from her and that if anything i may have to pay MORE child support, is there any hope for a loving, hard working father to get custody of his daughter??
1 Answer from Attorneys
Re: modification of child custody
From the limited facts included in your question, it is not possible to form an expert opinion as to your chances of obtaining custody of your daughter. However, the fact that your ex sees the child so rarely indicates to me that there is a possibility. The Court will consider a variety of factors in determining what is in the best interest of the child.The odds are that you ex will fight this very hard if for no other reason than to continue receiving child support. Also, it may be likely that you ex will file a counter-motion seeking increased child support, but without more information I could not tell your her likelihood of success. At the very least you are entitled to an abatement of your child support obligation for such periods of time in which your ex voluntarily relenquished physical custody of the child to you for periods in excess of thirty days. My standard retainer fee requirement for any type of custody battle is $2500, and I bill at the rate of $150 per hour.If you are located in the Eastern part of the state, I may be able to help you. I would be willing to give you a free telephone consultation if you will call me at 314-727-2822.