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why should i file for custody?

my son has my last name

his dad pays child support but has barely seen his son

he texts every now and then but nothing consistent so I can't really say that he will fight it if I request full custody

he probably wont mind

I am more than happy to have a parenting plan and visitation set up but it seems that he may not care

so shall I still file and waste time in court?

 

by on Oct. 12, 2012 at 12:51 AM
Replies (21-21):
Shy_Dia
by Silver Member on Oct. 13, 2012 at 2:33 AM

pending on your state and their laws.

in my state- since we were never married, i was given full everything. if his dad ever comes and just takes him, saying taht he's the dad and has the DNA test- it doesnt matter. he will be charged with kidnapping. in other places, if the dad takes the child, the parents have to go to court and file custody/visitation- and most of those states, posession is 9/10th of the law- if you have the kid, you are given custody- whoever that may be, however long their 'relationship' was... example: if a dad comes to take a 7 year old and he's never spent a day in this child's life- the courts would most likely give him custody since he has the child.

i never filed b/c if i did- he would've automatically been given visitations. IMO, if he wants to see DS so bad and i'm not willing, he can put the footwork in for that.

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