Removing custody from a sex offender & owed child support


#1

My exhusband was convicted of purchasing and trading child pornography about two years ago and sentenced to several years of prison. While it had nothing to do with our son, I was unaware of the charges right up until about two weeks before he reported to prison and had been sending my son to his house for alternate weekend visitation! Will it be easy to remove his visitation rights while he remains in prison, or will he be given the opportunity to dispute? I reported him to DSS shortly after I became aware of the situation, hoping that they would assist me in removing his rights to shared custody to help save me a battle. However, they never even responded to me. Should I expect it to be a long, draw out battle?
Also, my exhusband comes from a wealthy family and was very irresponsible with his money. My ex-father-in-law paid all of the child support by for ex. They were paying me $500 per month and reimbursing me for my son’s portion of our medical insuance costs. It was agreed in court that the support would be payed directly to me instead of through county support services. When my husband reported to prison, his family cutt off support payments. Obiviously the sate is not tracking it. How do I get it set up to be tracked by the state what is owed to me so that he may be help accountable when he is released?


#2

If the father does not have any income, the support amount would be about $50.00 a month. You can file now, while he is in prison and collect back support when he gets out (the $50.00 per month) from the date of filing to the date of his release. The grandparents are not under a legal obligation to pay child support to you.

I suggest you also file a motion to modify custody based on the change in circumstances. There is an incredibly high probability that his conviction and incarceration for child pornography makes him unfit to care for your child, even though you thankfully do not know of any abuse to your own child. You can file a motion to modify custody on your own, however I recommend that you retain counsel of some sort to help you navigate through the court system. You can and should file your motion now, you do not need to wait for him to be released.