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  • 79049
Question from DaleJr88NuttNov-6
I have now been divorced from my x husband going on 4 years now.  I was awarded custody of our son who is now 12 years old.  My x is almost $3000 behind in child support and I filed a show cause on him for the arrears and we go to court in December.   I came home from work yesterday to find a summons taped to my door that he is filing for full custody because he feels like he can provide a mre stable home.  To me he is trying to get out of the $$ he owes me.  We have been living in the same home for almost 3  years now, I keep my son active in boy scouts, baseball, basketball, etc..  We live in Virginia and my son doesn't like to go visit his Dad and rarely goes nor does is Dad make attempts to get him and rarely calls him. My X has been living with his girlfriend (whom is still married and husband is in prison) that he met online for almost 2 years and my son and her does not get along a all because she is always bashing me in front of him and always quizing him on my personal life,  My X has his own home that he bought and was remodeling for almost 5 years now it doesn't even have power, water or sewer and is amount an hour from where I live.  My son is having a fit because he does not want to go live with Dad at either place.   My son has his own cell phone so he doesn't have to go through me to talk to him. We where actually getting along for the last 6 months so gettng this summons yesterday through me a loop.  Will the court let him decide where he wants to live because of his age?  What can I expect from the Guardians Ad Litem?  This is a man that abused me I got my grounds for divorce awarded for physical and mental cruelty.  He doesn't get involved in any of my sons activities. He  hasn't had a steady job in almost 2 years, didn't buy my son not even a 50 cent birthday card and last Christmas gave him a whole $50. 
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NewOneNow Nov-6 79049.2

His getting custody now does not relieve him from paying back child support.

Based on your description of the overall situation, it is highly unlikely that he would be awarded custody.  The court certainly will not do it just because Dad asked for it - he will have to show in court that is in the best interest of the child to be with him (and not you) and again from what you've said he doesn't stand a chance.

"Will the court let [my son] decide where he wants to live because of his age?"

He doesn't get to decide until he's 18 (or graduated high school, whichever comes later).  At 12, the judge may hear his preference and take that in to consideration.  Check with the GAL.

"What can I expect from the Guardians Ad Litem?"

To act in the best interest of the child.  Be sure the GAL is up to speed regarding the living situation at both mother and father's house and the frequency (or lack) of communication between father/son.

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