Custody issues


#1

My daughters estranged biological father has filed for joint custody…he signed the affidavit of parentage but has never been a part of her life in any way, never paid child support either. I do not have an attorney. On my own, can I:

  1. File for a Motion to Waive Custody Mediation due to neglect and possible alcoholism? (I am working on evidence on the alcoholism)
  2. File for child support in arrears? (CSE is so busy it could be many months before they get to it)
  3. Have my husband file a Motion to Intervene, since he has also been the custodial parent for over 6 months?

AND…
If I file a Motion to Waive Custody Mediation and it is granted…what happens next?

Thanks!


#2

Custody mediation is only waived by the court when one party lives more than 50 miles from the court house, or in instances where there has been domestic violence.

You can file for child support, and seek back child support as well.

Your husband has no standing to file a Motion to intervene as he is not the biological or adopted parent.