Visitation With a Parent Who May be Homeless

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

Good afternoon. I am in the process of obtaining a lawyer soon, but I have a few questions before I do.

Father just now started back seeing daughter 3 visits ago. Our child support order was established in October 2014 and visitation in March 2015. He had supervised visits for the first 2 months and after that, it was unsupervised from Friday 6pm-Sunday 6pm. I did not hear from him from August-December due to him running from the police for a dui and temporarily moving to Wisconsin. In April, he filed a show cause saying I was violating the order of visitation and I also filed one due to child support. The judge did not find me in violation due to father stating I refused to bring daughter to him, and the judge telling him that it was not my responsibility to provide transportation. Father was order to pay a purge of 1k within 30 days, but that never happened, so he now has an active bench warrant.

Father has been violating the order due to getting an apartment with his girlfriend after the court order was established. Also girlfriend lost custody of her kids when her youngest was only a newborn. Girlfriend's mother has custody and gf is on child support (found out through researching the Florida court system online). I dont know why she lost custody though, which worried me.

Well gf is now ex girlfriend. She sent me a picture through facebook of her black eye that father gave her. She told me a lot of things that have me worried about my daughter for her next visit. Father hasnt had a job since early 2015 and girlfriend was pretty much taking care of him and daughter for the 3 visits that he has had so far. Gf told me she had to buy food when daughter was there because father did not have any money. They also did not have any furniture in the house (only a couch that my daugher sleeps on and a table). She is on SSI and that was the only income they had to live off of, but now, she has moved out and he doesn't have a job to pay the rent. She advised me that he drinks on a daily basis and has beaten her over the past two years. I believe her because he hit me when I was 6 months pregnant. She said he is a good father to daughter (which I believe), but he has a serious drinking problem (which I know from the past and the dui where his BAC was double the limit).

I dont communicate with father at all due to our history, but I'm really concerned about when my daughter goes to stay with him next weekend due to him refusing to work and not having any income. I dont know what daughter is going to eat or stay since gf was doing everything. Yes, I will still follow the order, but is there any type of emergency hearing that my lawyer could possibly file if father doesn't have any where to stay. Gf did tell me that he asked a friend if he could stay with him and his girlfriend, but of course, it doesn't say anywhere in the order that father can't stay with a male.

Please guide me because I dont know what to do. She sent me a screenshot this morning of an email father sent her. He lied and said my daughter was hurt and in the hospital in another city, which was a lie. Gf said he only said that so he could get her to come with him. I will be getting the lawyer within the next two weeks, but I would like to have some sort of talking points before going to see him. Thanks in advance.

And you believe an ex-girlfriend with an agenda who didn't see fit to inform you about any of this before now?

Her picture of a bruise is just that - it's a picture of a bruise. It doesn't show how it got there.

You go by the court order in place. If you want to modify it, you go to court and ask for a modification and show cause.

He very well could be an abusive prick BUT you don't know how she got that black eye. You don't know that anything she said is true. She's his ex now.

My ex doesn't have his own place and he still gets to see his other kids. He didn't see them for like three months because his ex wife said her lawyer told her she didn't have to which is whatever. Not my issue - but she let him have the kids overnight a few weeks ago and he stayed at a friend's house and let him have them this weekend and he was at his mom's. As long as he has somewhere to stay, he can have them. If he is supposed to get them every other weekend and there are no other stipulations he gets them. You can refuse and then he can take you to court for contempt.

If you are worried file for a modification. I don't know if you can file an emergency modification but you can file a regular one and show there have been significant changes.

Thank you for your responses. I believe some things the ex girlfriend has said, but again, that due to our history together. I haven't talked to him, so I will not be modifying the order unless I see things for myself.

I am not sure if I should make a new thread for this question, but father put in a request to modify child support. Last year, he attempted to do the same thing. He did not show for the hearing, which he state was due to an accident. The judge denied his request to reopen because the hearing was a week before his accident. Now, he is trying to modify child support again. Our original order is based off of minimum wage because he was not working, and he still isn't working, so there hasn't been any change. I'm still working the same job, but I did purchase a house last year.

Out of 26 payments, father made 7 (two were income tax interception). He also was ordered a purge in the amount of 1k that he did not pay (bench warrant pending). He has never been the type to hold a job for long and he uses his criminal record as an excuse to not find one even though his conviction was over 15 years ago.

I know the judge can modify if he wants, but will the judge modify based on me buying a house? Support is $389 plus $11 to pay the arrears. I haven't received any support from him in over a year.

Thanks for your help!

Whether or not you've purchased a house is not going to affect child support.

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Quoting LakeSuperior

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Thank you for your responses. I believe some things the ex girlfriend has said, but again, that due to our history together. I haven't talked to him, so I will not be modifying the order unless I see things for myself.

I am not sure if I should make a new thread for this question, but father put in a request to modify child support. Last year, he attempted to do the same thing. He did not show for the hearing, which he state was due to an accident. The judge denied his request to reopen because the hearing was a week before his accident. Now, he is trying to modify child support again. Our original order is based off of minimum wage because he was not working, and he still isn't working, so there hasn't been any change. I'm still working the same job, but I did purchase a house last year.

Out of 26 payments, father made 7 (two were income tax interception). He also was ordered a purge in the amount of 1k that he did not pay (bench warrant pending). He has never been the type to hold a job for long and he uses his criminal record as an excuse to not find one even though his conviction was over 15 years ago.

I know the judge can modify if he wants, but will the judge modify based on me buying a house? Support is $389 plus $11 to pay the arrears. I haven't received any support from him in over a year.

Thanks for your help!

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So let him file. He didn't show up last time. He might not show up again. If he does show up and can't show any change in income, then I doubt they'll change the amount. How did you get $389 based on a minimum wage job? My lawyer figured out what it would be based on a minimum wage 40 hour work week since my ex wasn't working (and still isn't and only had a job for two months last year) and it came out to $86 a month.

You aren't going to "see things for yourself" in regards to abuse against his partners and so on. You really think he'll beat up a girlfriend in front of you? You can take him to court to modify if you think it needs done.

Get used to this with child support. My ex is thousands behind in support for all of his kids. Almost to $1000 for our daughter. I've gotten $275 out of him in the last year. He's also supposed to do half daycare, half unreimbursed medical and hasn't. I don't expect it. I should've just waived it.

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Quoting qwaspolk69

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So let him file. He didn't show up last time. He might not show up again. If he does show up and can't show any change in income, then I doubt they'll change the amount. How did you get $389 based on a minimum wage job? My lawyer figured out what it would be based on a minimum wage 40 hour work week since my ex wasn't working (and still isn't and only had a job for two months last year) and it came out to $86 a month.

You aren't going to "see things for yourself" in regards to abuse against his partners and so on. You really think he'll beat up a girlfriend in front of you? You can take him to court to modify if you think it needs done.

Get used to this with child support. My ex is thousands behind in support for all of his kids. Almost to $1000 for our daughter. I've gotten $275 out of him in the last year. He's also supposed to do half daycare, half unreimbursed medical and hasn't. I don't expect it. I should've just waived it.

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I'm making more than minimum wage, but they counted daycare as well, into that amount. I'm not sure how the FOC and the district attorney calculated it. His income is based off of minimum wage.

I was referring to his residence and all the things she alleged, as far as providing adequate food and shelter for daughter during his visits.

Oh definitely not depending on child support and used to it already. He hasn't done anything at all, but expects me to send everything with her for his visits. I know he isn't going to pay it. He is the one that keeps trying to file something in court, and it is frustrating because I'm the one that has to take off from my paying job to deal with him.

Question: if I have a lawyer, do I still have to show or can the lawyer appear on my behalf?

I think it depends on the type of hearing. Sometimes they can appear on your behalf. I feel like there was a couple cases before my divorce hearing that just someone's lawyer was there but they requested a continuance or something.

Quick Google search says depends on the type of hearing. But it is possible. Someone else probably knows more. If you had to do that once you might be able to but I would want to be in court because your lawyer can't answer things that your ex might bring up.

That's true. Thank you for your help.