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Will me being unemployeed hurt me in court for custody/visitation?

My ex hasn't seen my soon since he was a month old (he's 11 months now) so I'm not really worried about them taking my son away from me because I don't see why a judge would do that unless I was unfit. I was just worried that if he tried for joint custody they would give it to him because I'm unemployeed. I was considering waiting until I'm working again to file, but I want to get it over with. Someone told me that if he hasn't seen him in over a year its considered abandonment so I should wait until a year after the last time he saw him. (BTW he told me he wanted joint custody so he doesn't have to pay as much child support but he's made no effort to see him at all)

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Asked by Anonymous at 10:10 PM on Jun. 24, 2009 in General Parenting

Answers (4)
  • Child support is not determined by the type of custody or how much time a parent spends with their child. Also, in some states abandonment takes more like 4+ years and not 1 year. If the noncustodial parent is paying child support, that is considered contact. You should really be talking to an attorney in your state that deals with custody and child support issues. Also, your employment status should not matter all that much.

    Answer by tyfry7496 at 10:13 PM on Jun. 24, 2009

  • OK, joint custody doesn't mean he won't have to pay as much in child support. Not at all, unless he is asking for 6 months of custody. Has he tried to see his child? Called on the phone? Written letters? Any of these negate the idea that he has abandoned the child. Joint custody also is usually an every other weekend, two weeks in the summer situation, so it's not like you would be losing your child. I don't know how your employment would affect, alot of that depends on the state. Also, most states now have a policy of awarding joint custody unless you can prove he is unfit.

    Answer by Petie at 10:14 PM on Jun. 24, 2009

  • Shared custody is the type that may affect child support and that is when a child lives 50/50 (or pretty close to it) with both parents. It would not apply in this case b/c he has not seen the baby.
    Joint custody -- is a legal thing. It means both parents have a legal say in the childs upbringing and have an equal right to have access to the child's informations etc.
    Usually one parent has the primary residence/custodial and the other has parenting time/visitation. Typical visitation is as stated by the previous poster for older children. Some states have visitation/parenting time guidelines that are by age.
    In most states custody is joint with one parent being primary.

    Answer by MamiJaAyla at 10:46 PM on Jun. 24, 2009

  • call an attorney and ask. Many give free consultations.

    Answer by admckenzie at 12:16 AM on Jun. 25, 2009

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