Child Custody Defense and Child Support Modification
Mother and Father were never married and both started out pretty poor. They had a child together and then went their separate ways after a paternity suit with child custody being award to Mother.
Mother was poor, but working on her education, and arranged things as well as she could. Father moved to Texas and ended up starting a business that provided him a very nice income. He grew tired of paying child support, hired a law firm, and eventually filed a Motion to Modify claiming that circumstances had changed such that the child would be better off living with him than with Mother.
Mother hired me, and followed my advice. I filed a Motion to Modify Child Support on behalf of Mother arguing that more money in her household would relieve some of the problems Father complained of. She corrected such issues as could be corrected with her income and I gathered the documents I needed to show the Court the facts necessary for her to win.
There were good facts on Father's side (he could provide better for the child with his new money and circumstances and he had personally calmed down quite a bit, gotten married, etc.), but the law was on Mother's side (child custody won't be modified unless the custodial parent's circumstances, fitness, or parenting changed such that the child would be substantially better off with the non-custodial parent). My argument for Mother was that her conditions had not deteriorated or otherwise substantially changed since custody was awarded to her the so the Court should not change custody.
Discovery was conducted and the law as applied to this set of facts was undoubtedly explained to him by his attorney (a very good attorney, by the way), however he was adamant that the matter should be taken all the way to trial.
Eventually a two-day trial was held in District Court. The testimony of the parties and their witnesses was laid out before the Court and at closing argument, because I had the evidence I needed, I was able to pound on the law and the relevant appellate cases to emphasize that their was no grounds for the custody modification granted by father.
Child Support was increased greatly (his income had risen substantially after all) and child custody remained with Mother.
Practice area(s): Family