Child Custody and Child Support

My question involves a child custody case from the State of: Maryland

In the last three months I have been subpoena by the mother of my child for child support modification (which by the way was agreed upon just last year April, 2010), contempt of child support, and now child custody/visitation modification because she alleges I'm an unfit parent which is surprising to me since I have been seeing my son every other weekend for the last year religiously and I have only missed my child support once which I made up the next month due to the christmas holidays so I need help/advice to navigate through these legal matters as well as the upcoming court dates because I do not want to lose my rights as a father and I will not go down without fighting for what is the most important thing to me and that is being part of my son's life.

So...for what reasons is she alleging that you're unfit?

Per her subpoena that was served to me she states that since the order was set back in April, 2010 it has been become impossible to communicate with me about my son and I have proven to be as sporadic unfit parent.....that is pretty much paraphasing her reasons. Now I'll admit that I dont really speak to her because when we do it becomes an argument so I refrain from extra conversation but when there isnt need for one, but when he is with me I answer her phonecalls but beyond our communication there isnt anything else she can say that classifies me as unfit because I see him every other weekend and I try to be involve as much as I can be when she isnt stopping me every chance she gets too.

Anyone had any ideas to help me out?

The burden of proof is on her to convince the court that you're "unfit". Missing one child support payment, and having minimial necessary contact with mom isn't anywhere in that universe. Mom can CLAIM that the moon is made of cheese, or that zebras don't have stripes - but what's important is what she can provide documentation of in court. Sounds like mom is blowing a lot of wishful smoke.

Well I'm pretty worried because when she took me to court for the child support modification I thought that she wouldnt be able to do that as well because we agreed to an amount $250.00 just April of last year and when I went before the judge he clearly made it known how biased he was against me with his comments (he stated in the courtroom that I looked like some child support advocate because I wore a suit and how articulate I was speaking which didnt make any sense on why he coming at me like that at that time) and attitude and while I was explaining how it would severely impact me financially if I had to pay her and extra $350.00 a month when I only bring in $2500.00 per month and with after all my expenses and I know its about the child's best interest but if I'm struggling how does it bear on the child's best interest? He stated that I didnt provide any evidence prior to coming to court and that is why he wasnt granting me a variance which I didnt understand why and also I didnt see him reference this to anyone else at all prior to my case, he just took their word for it. I'm just worried that I dont have a chance when it comes to this judge and if there is another way I can approach this situation or present my case with her contesting my legal custody? Is it going to boil down to me getting a lawyer?

Now she is refusing to let me see my son until we go back to court to settle the case concerning legal custody....can she do that?

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Quoting ron2473000

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Well I'm pretty worried because when she took me to court for the child support modification I thought that she wouldnt be able to do that as well because we agreed to an amount $250.00 just April of last year and when I went before the judge he clearly made it known how biased he was against me with his comments (he stated in the courtroom that I looked like some child support advocate because I wore a suit and how articulate I was speaking which didnt make any sense on why he coming at me like that at that time) and attitude and while I was explaining how it would severely impact me financially if I had to pay her and extra $350.00 a month when I only bring in $2500.00 per month and with after all my expenses and I know its about the child's best interest but if I'm struggling how does it bear on the child's best interest? He stated that I didnt provide any evidence prior to coming to court and that is why he wasnt granting me a variance which I didnt understand why and also I didnt see him reference this to anyone else at all prior to my case, he just took their word for it. I'm just worried that I dont have a chance when it comes to this judge and if there is another way I can approach this situation or present my case with her contesting my legal custody? Is it going to boil down to me getting a lawyer?

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If your gross is $2500, then $250 is actually lower than you'd be paying normally.

Remember, it's not about your expenses....you may well be told to downsize.

So should I be paying $609.00 for my son along with child support for my daughter at 725.00 as well......I dont think that is fair that I should downsize and not be able to pay my rent and other bills along with day to day things like food and gas??

You didn't mention any other children. That's kind of important information to include.

So there's ALREADY a child support order in place for a different child from a different mother? Is that right?