My ex has custody of our daughter, and moved out of state several years after our divorce.
I currently have visitation all summer, so why should I have to continue paying her child support during that time?
And how difficult would it be to achieve joint custody?
Your child support obligations depends on the laws within your state. Some states give a parent child support credit during the summer visitation with the child.
Oftentimes, a court considers each parent’s possession periods of the child and make discounts and allowances of child support in their initial child support calculation.
If your ex-wife moved with your child to another state with your agreement, it will be very difficult to convince the judge to move the child and/or her mother to another state.
Judges are very concerned with the child’s best interests and consider whether a move for the child will disrupt her life and well-being. The longer the child has lived in another state, the more hesitant a judge will be to move her back to your state.
If you simply would like more visitation with your child, I would recommend that you keep track of all of the days you had the child and how much regular and consistent contact you have. Keeping journals and calendars can serve as solid evidentiary proof that you deserve more visitation with your child.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.
Mat Camp is a former Lexicon Services Online Editor, who focused on providing a comprehensive look into all aspects of the divorce experience. On MensDivorce.com, he concentrated on issues, such as parenting time, custodial rights, mediation, the division of assets, and so much more.
Mr. Camp used the wealth of experience of Cordell & Cordell attorneys to bring tangible answers to reader questions in Ask a Lawyer articles, as well as offer a step by step process through the divorce experience with Cordell & Cordell Co-Founder and Principal Partner Joseph E. Cordell in Divorce 101: A Guide for Men.
Mr. Camp used thorough research to highlight the challenging reality that those who go through divorce or child custody issues face. He helped foster the continued success of the Men’s Divorce Survival Guide, the Men’s Divorce Podcast, and the Men’s Divorce YouTube series “Attorney Bites.”