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Child support/custody question

My child is 4 months old and her father hasn't been in the picture at all/ not paying child support ect. I want to get full custody of her and also the child support he owes us. I know I need to talk to a lawyer but what should I expect going in? What happened?

Answer Question

Asked by Anonymous at 2:56 PM on Jul. 13, 2011 in General Parenting

Answers (8)
  • You can go to the court clerk's office in your county and file for full custody, it will probably automatically give Dad minimal supervised visitation, which can be done at a supervision center. For child support go to your local Child Support Enforcement and they will find the father if you don't know his location and take him to court for child support. When I filed for child support for my son, it took 10 months before we got an order for it and I was not given back child support.

    Answer by matthewscandi at 3:09 PM on Jul. 13, 2011

  • You currently have fuill custody as he has no rights at this time. File for child support. You can file your custody papers but they will award him visitation rights unless you can prove him unfit - read 'dangerous'; the fact that he hasn't seen the baby won't stop visitation. Men can pop up after 10 years of no contact and get visitation. In regards to child support, you are entitled to nothing until you file the motion for child support in the court, they aren't going to order him to pay back support dating beyond the date you file the motion. So if you want child support, file for it now.

    Answer by AngelicaDem at 3:46 PM on Jul. 13, 2011

  • @matthews. I do know where he is currently living, would that make a difference in the amount of time it would take to get it ordered or no? Actually anyone can answer that

    Comment by Anonymous (original poster) at 3:49 PM on Jul. 13, 2011

  • well you'll have to go to the family court house first, file the petition for custody first. You should bring along the birth certificate and ack of paternity that he signed at the hospital.. if the acknowledgement of paternity wasn't filed you'll instead have to fill out a form ordering an ack of paternity. You may also have to get a recommendation from the probation office if you know he won't agree to the terms you want and file that with the petition. Once you have that filed with the court, you typically wait until you get the date in the mail for the hearing. If you'd like a lawyer, talk to them before turning in the petition.. you'll want them to help you fill it out etc. After custody is established then you go back for child support. Pending on the judge and state you may not get back child support.

    Answer by xxhazeldovexx at 3:55 PM on Jul. 13, 2011

  • I have to disagree with him having no rights unless he is not on the birth certificate. Without a custody order, he could walk into her daycare, etc and take her as her biological father, and you would have no legal recourse. You need to file for full physical custody with minimal visitation. CSED can take care of the child support aspect of it, but you need to file a financial affidavit with them as well.

    Answer by other_mother at 4:00 PM on Jul. 13, 2011

  • Even if he is on the birth certificate the odds are he has no rights until he goes to court. There are only three states that give unwed fathers automatic rights. In forty-seven states he must go to court and have himself *legally* recognized as the child's father(not biologically, which is what the birth certificate is) before he can do anything in regards to the child. Without a custody order if he tried to take the child he would be guilty of kidnapping.

    Answer by desert_diva at 4:19 PM on Jul. 13, 2011

  • Yeah. I live in one of those states and have a stepson. DH was never married to his mother. Hence my answers. So, since we don't know where she lives, you could be wrong. He may have rights and she needs to get a custody order in place just in case.

    Answer by other_mother at 5:08 PM on Jul. 13, 2011

  • If you know where he is then it will help them "find" him much quicker. File for custody no matter what state your in, it is good for everyone involved especially the baby. When he decides he wants to go to court it will look really good ON YOU that you were proactive about your legal rights.

    Answer by matthewscandi at 6:32 PM on Jul. 13, 2011

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