Ex husband filing for residential custody of our 13 year old son. He's behind in child support would a judge s?

Ex husband is filing for residential custody because our son just turned 13 years old. Ex is behind in child support. would a judge side with him on this even though there is no proof that I am unfit as a mother. He just doesn't want to pay child support any longer.

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  • 9 years ago

    Honestly, in a situation like this, my guess is that the judge won't rule him for custody. Just because he doesn't want to pay anymore won't give him the right to have custody. He would have to prove that you're unfit and go from there. I wouldn't honestly worry about it.

    Source(s): Boyfriend's previous custody battle/won twice
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  • 9 years ago

    He may get partial custody but he will NOT get away with no child support. As long as he has his parental rights he will be required to pay child support and he had better get on it if he wants to keep his license and stay out of jail.

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  • 9 years ago

    First of all child support has nothing to do with visitation and little-to-nothing to do with custody.

    Depending upon the state, if your son wants to live with his dad, a judge COULD grant it. The good news for you is that IF your ex doesn't pay support, he probably won't have the money to pay for an attorney, either!

    Also.... he would still have to pay the back support, regardless.

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  • Germy
    Lv 6
    9 years ago

    The son is 13. The son chooses

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  • Jessy
    Lv 7
    9 years ago

    Depends on the judge...there is no way to guarantee one way or another.

    Get an attorney.

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