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The Truth
08-31-2005, 08:04 PM
My wife and I have been living apart from each other for a while now. I give her money but she doesnt let me see my son. The cops cant do nothing because there is no court ordered custody. I want to file for custody but i really dont know the steps in doing so. I got some joint custody forms and fee waivers because I make little money. SHe recently applied for child support (although i already give her money) so if i pay child support shouldnt I get some sort of custody? sorry im all over the place, but the bottom line is:

What can I do to get my son?
Can I get some sort of custody if I pay child support?
Does anybody know of any good family law attorneys here in los angeles?

edit- i should have posted this in child custody/support forum, my bad. can somebody move this? thanks

The Truth
09-01-2005, 08:16 PM
cmon now, none of u can help me out?

elklaw
09-02-2005, 06:41 AM
Where she filed for child support, you need to respond with an answer saying that support is being paid and in what amount and provide proof of payment and state that support has been paid since the date it started. You need to do this, so there is not an arrears judgment. You need to let the court know you are poor but have been paying and want to make the amount you are paying the permanent support amount. Respond to the support action in writing directly to the court.
You also should file a countersuit to sue for custody of the child. Support and custody are dealt with differently.
The standard is the best interest of the child, so if you can prove you have been paying support and you have a good relationship with the child and it is more in the child's best interst to stay with you, you should have a good chance at custody. I suggest getting counsel if you can thru Legal Services or Legal Aid, and it sounds like you qualify for their services.

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