questions & answers

Question: my husband & i have been separated for years. he does not pay his court ordered child support and ive soley supported our child for the past 10 years & he doesn't come around. My son has became too disruptive & I feel he needs to be with his dad. If I give him to his dad to raise.....can i be charged with child abandonment? also, can he sue me for child support even though he's 30K behind in child support currently?

Answer: Either parent may request in writing that the court modify a custody order. To change an existing order it must be shown that the best interests of the child are served. The request is filed with the Clerk of the Superior Court and a fee for filing is charged; however, there are limitations on requesting a modification. For example, a request may not be filed for one year from the date of the earlier order, unless there are special circumstances seriously endangering the child's physical, mental, emotional or moral health. If a form of joint custody has been ordered, a modification may be requested at any time if there is evidence that domestic violence, spousal abuse or child abuse has occurred since the date the last order was granted. In a joint custody situation, a parent must wait six months before seeking a modification if the reason for the request is that one parent has failed to obey the court's custody order.