My fiance’s ex wife has filed for custody of their daughter. He barely sees her as it is because his ex is constantly short changing him on times he does get her. She’s trying to file so he gets her 2 nights a month, no holidays, no track out time, and the child is with her mom for all birthdays, hers, the moms, grandparents, etc…my fiance works full time and pays over 400 a month in cs and does all he can to be part of his daughters life. The mom still lives with her parents and they support the mom in everything. Is there any way my fiance can file a motion to counter file for custody of his daughter?
He can file a counterclaim for custody, but it’s not really necessary. Now that she has filed, the court will have a hearing on the issue. She will present evidence and so will he, and the court will determine when each party shall see the children. By filing a counterclaim, he will also have a claim pending so he can avoid having her dismiss her action to avoid a determination being made, but otherwise, the counterclaim will not do much for him. You can learn more about the details of a child custody action on our website.