August 2010


My Absent Dad Won’t Help Me Financially. Is There Anything I Can Do?

Summary

My parents, who were never legally married, separated in 2004 and my dad has never supported us or me in any way. Although we used to keep in touch, I recently asked him to send some money for school and medical reasons and he refused and is no longer returning my calls. I feel like I have to do something, as we are struggling financially. We live in Washington state and I wondered if it’s possible to get the past 6 years worth of child support.

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘My parents were never legally married but they separated back in 2004. I turned 18 on April 2010. I’ve lived with my mom in Washington state ever since, but we have a very low income. She has never filed for child support from my dad because she thought he would eventually support us. He never has supported us or me in any way.

I used to keep in touch with him through email/phone. However, recently when I asked him to send some money (for school and medical reasons) he refused and is not contacting me back. I found his phone number and business place but he still isn’t communicating with me.

I never thought I would sue him or ask him for money, but now I feel like I have to do something. We are struggling financially and moving to a different house because our current house has been on short sale. We cannot afford a lawyer. Please help me with any suggestions/advice on what I can do within Washington state laws. Is it possible to get the past 6 years worth of child support? Can he pay for post secondary support for my school expenses? Thank you so much for your help in advance.’

Unfortunately, if there has never been any case filed, you may be out of luck – but then again, you may not. Your first step should be calling one of the legal aid clinics in Washington state, and asking them the same question, as every state is different.

In addition, if you or your mom ever applied for or accepted any sort of state aid, the state may be willing to get involved in trying to collect support for you.

The good news is that, with respect to college, you quite likely will qualify for certain financial aid grants. Grants are different than student loans, as they do not need to be paid back.

Good luck! You sound like a young adult with a good head on your shoulders, and I suspect you’re going to do very well for yourself in any event.

My Mom Parties All the Time. Can I Gain Custody of My 13 Year Old Sister?

Summary

My mom spends most of her time drinking at bars. As an adult, am I able to gain custody of my younger sister?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I am an adult. I am married, and I have two children. My sister is 13 and living with my mother. My mother spends most of her time with her younger friends at bars or just “hanging out” and drinking. I want to know if I can legally gain custody of my sister in the state of Georgia.’

There are a couple of routes you can go here – one would be trying becoming appointed as your sister’s legal guardian. The other would be for your sister to seek emancipation, as, if granted, she can live wherever she chooses.

Unfortunately, for either to happen, it is most likely that social services would need to get involved. Your first stop should be calling a local family law clinic and asking them what they advise.

Also, although you don’t mention your sister’s father, any action to remove your sister from your mother’s custody would require that he be notified, if his whereabouts are known, as he would be first in line for custody of your sister if she were to be removed from your mother’s custody.

Sometimes informal arrangements end up being the most practical; if possible, you may want to consider finding a way to make it palatable for your mother to agree for your sister to live with you. The advantage of this is that once your sister has been living with you for some time, a court is much more likely to agree to keeping that arrangement in place.