Wednesday, May 29, 2013

Can a custodial parent and step parent petition joint custody from a non custodial parent who never call or visit he make pymt

Q: I need quick order for passport he being vindictive due to child support pymt my son only know my husband as his dad not because of me the non custodial didn't want to be involve my son is 7yrs old . Should I petition sole or joint with my spouse . I was never married to the non custodial parent he is a married man I didnt know
Additional information
My husband who is my son's stepdad has been in my son life since my womb until present. I petition the noncustodial dad for sole custody but, I need joint so that my husband who is the stepdad to make decision in case of emergency health. And by doing this will I my child lose the child support pymts appointed by the courts by the non custodial parent. The non custodial parent said when I call him to sign the passport I knew one day you will call for this I begged you to take me out of child support and hanged up.my son has three sibling who he's never met because the non custody parent wants it like that. So instant should I do sole custody ,will they grant it due to all these circumstances .( CS PYMT are garnished wasn't voluntary). I need to travel in June I bought tickets already.


A: David's Answer: I would need more information as to why you feel you need your current husband added as a joint custodian." That said, if the biological father is barely involved, you may wish to consider having your husband adopt the child - though this would indeed serve to terminate child support. -- David Bliven, Bronx Child Custody lawyer (www.blivenlaw.net)

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