Non-Custodial Parent Wants Child Support

[alek1980]

My husband and i have been separated for awhile now. (months) we have a daughter whose about 4years old. My daughter lives with me and it's I who has taken care of her both financially,emotionally and physically. he doesn't contribute anything to her up keep. Once in awhile when it's convienient for him he takes her on saturday but most times he doesn't. Just recently i found out through a friend that he had filed for divorce and was asking for sole and primary custody of our daughter on grounds that i am going to be deported. remember he has two other kids 0ne 19 who he hasn't even seen in very many years and the other 8 or 9 yrs that lives with his mother. Am an alien resident. I think my main question is what are the chances of the court awarding him custody of our daughter when it's me who has continuously looked after her. He doesn't have a place of his own he actually moved in with this woman who he cheated on with when we were married. And he is also asking for me to pay him $300 in child support remember he hasn't even been looking after our daughter. How do i defend myself as in oppose his request. Have tried seraching the web but don't seem to find any answers please help. Especially Mr knowitall. thanks. You'll excuse me am not very knowledgable when it comes to laws in the united states and i don't want to spend my money on an Attorney because i think it's not worth it. What are my rights as a human being. My daughter is my world and i'd love to be able to do what is best for her. There have been times when he claims he is going to pick her up and he neither calls nor appears. I have several messges he has left on my answering machine on the morning of the day he is meant to pick her up saying he can't pick her up. CAN MY BEING AN ALIEN RESIDENT BE GROUNDS FOR THE JUDGE TO DENY ME CUSTODY OF MY DAUGHTER?

[525601minutes]

what state are you in?

[alek1980]

Am in the state of Nevada

[LawResearcherMissy]

Alek, do you have your Green Card? Where did he get the idea you were going to be deported?
If you're an unconditional permanent resident, you're not going to be deported.

How do i defend myself as in oppose his request.

I know you said you don't want to, but you really need to get a lawyer, precisely BECAUSE you're not familiar with US laws. Your ex seems to want to play dirty, you need someone who can protect your rights.

[alek1980]

I have had my Green card for the last 2years and a half. In december last year him and i had filed to remove the conditions but i hadn't recieved the renewel card yet. He seems to think that because my inability to know the Law then he can take advantage of me. I strongly believe that the one reason why he even got married to me in the first place was because of money i have paid all our bills since we've been married. I don't even care if i left this country the only thing that matters to me is my daughter and he knows that. It's just that from what i hear from people i don't have so much faith in the justice system here. I know am a great mother. Can anybody let me know what my chances are of gaining sole custody of my daughter? Am so worried.

[Baystategirl]

I have had my Green card for the last 2years and a half. In december last year him and i had filed to remove the conditions but i hadn't recieved the renewel card yet. He seems to think that because my inability to know the Law then he can take advantage of me. I strongly believe that the one reason why he even got married to me in the first place was because of money i have paid all our bills since we've been married. I don't even care if i left this country the only thing that matters to me is my daughter and he knows that. It's just that from what i hear from people i don't have so much faith in the justice system here. I know am a great mother. Can anybody let me know what my chances are of gaining sole custody of my daughter? Am so worried.

So..You know nothing about the Laws of your state and have no faith in the justice system...Yet you feel an attorney is just not worth it?

[525601minutes]

Alek - unless the father is a registered sex offender or some other type of bad guy - it is very unlikely a court will give you 100% physical and 100% legal custody of your daughter if the father wants to be a part of her life. The court system feels that children need both of their parents for participation in their lives. Even a father in prison can fight for supervised visits...

You honestly need a lawyer.

[alek1980]

Thank you so much everyone whose given me advice. I really appreciate. I have taken time to read a couple of divorce material for the state of nevada and i have realized that Knowledge is power. I always underestimate myself when it comes to certain things but i think am going to represent myself for the first time. Oh and by the way 525601 i'd love my daughter to see her dad on a regular basis am one of those woman who looks out for my daughter's best interests not mine. What i hate to see happen is me breaking down that relationship. Both parents are very fundamental in a child's growth. I'll let you know what happens guys.

[525601minutes]

I do not doubt your love for your daughter. I have been divorced for 2 years now and I must say that I really regret not having hired a lawyer to work out a parenting plan. A LOT of lawyers offer a completely free consultation. Again, PLEASE consider just talking to one.