husband filing for child support but he has a child endangerment charge? will i pay?
okay me and my husband are not legally seperated but we live apart, we share our son.
last month he got a child endangerment charge for being caught with pot and he went to jail.
well he is taking me to court for child support through job and family services.
will i have to pay?
wont they let me just take my child with me because my husband has the child endangerment charge??
i go tomorrow and i just wanted some information on the laws because i cant find anything through yahoo, so if ou have any ideas please let me know
- delux_versionLv 71 decade agoFavorite Answer
Oddly enough "child endangerment" charges don't necessarily mean you're a bad parent. It just means he was stupid. Now it's my experience if the husband does "pot" so does the wife. "That's" the way the courts will see it too. If this is wrong, and has "always" been wrong then this is your chance to get your kid back. My question is.... how in the world did he ever get physical custody? They just don't hand that to the father unless the Mother is not a good choice at all! If you did something stupid too, don't expect a miracle!
- 1 decade ago
Child support depends on the income of both of you. Some courts will not allow him to have any custody due to the child endangerment charge, but don't count on that. Be sure you have some good legal representation on this issue - and file for legal separation as soon as possible in order to show the court that you want to protect the child. If you are appearing tomorrow in the criminal action, you should have a victim advocate with you.
- LilyLv 71 decade ago
What state do you live in? Has he gone to court on the actual charge yet and been found guilty? For pot he might easily plead the case down to a lesser charge. As far as child support and custody child protective services if involved will investigate the living situation of the child for both parents and make a recommendation to the court regarding custody. They do not make a ruling for custody only a judge can do that. As far as child support goes payments are set on a sliding scale. You need to file for divorce if you are serious about wanting custody of your son. Go to your county courthouse and ask about financial assistance if you can not afford an attorney to represent you. Do not have any unnecessary contact with your ex. Do not "listen" to him on court ruling etc. Tell him you will see him in court and leave it at that. You may say something to jeopardize the situation and make it more difficult for you get custody.
- Truth HurtsLv 51 decade ago
The courts will decide who the better parent is. They are looking out for the best interest of the child. Child endangerment and pot case 2 different cases? What did he do to endamger the child? He will have vistation rights still.
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- 1 decade ago
the court will deal with each item separately. Custody,visitation, and child support are all separate issues. Being that he has been in jail I would think they would give you custody, him some if any visitation and possibly supervised, and he should be paying you child support. The law is supposed to be in the best interest of the child. If things aren't going you're way your lawyer could remind them of that.
- kenneth hLv 61 decade ago
You have to go the family court and get a divorce specifying the custody and child support issues. These are too complex to talk it out.
- Anonymous4 years ago
Media such as emails, texts and Facebook messages can be admitted as evidence under some circumstances. It would generally be if threats were being made, etc. though- not what you indicate has been said. In other words, you will be unable to use those messages to win custody. Instead, keep an open dialogue with him- it sounds as if he is willing to sign over rights anyway.
- Mary OLv 61 decade ago
You need to file for sole custody and make him pay child support and if he is charged with a drug offense then the judge will frown on that.
- Anonymous1 decade ago
all i know is child support people are stupid, my friend has been paying 500 a month now for a year ,,,,, he has the kids and she has been in jail on a drug charge for a year,,,,,,,,,,,,,,, yes he has tried , there just retarded, anything is possible with stupid people
- william wLv 51 decade ago
if its joint custody neither side should pay spouse child support but when the divorce is final who ever has majority custody would recieve support from the other unless there dead beats .