I have two boys a 15 month and a 1 month old! I'm been separated for 4 months now, I was pregnant when this happen, I move back with my parents, since I was not working and didnt have anything. The father comes and gets the 15 month old and fights we me all the time that he wants to keep him for the night everyday and he threats me with I'm not working, and I can not provide anything for my kids. I do live with my parents and they are helping with everything. I would like to know what rights do I have. I do tell him, that I will take him for child support and to get a judge order so we can have a schedule, because he comes as anytime he wants...11p.m. 9a.m I mean whenever he feels like it. I'm tired of taken that and fighting over it. Please help! I need some advice of my rights as a mother to keep my child! He says that our son should spend more time with him for the fact that he lives with me. I don't agree! When I was pregnant he wouldn't even care to come by and see his son.
2006-06-13 16:17:12 · 7 answers · asked by Heart2804 1 in Family & Relationships ➔ Family
I'm not a lawyer, but you need to find one in your town and get a temporary custody order in place before your soon to be ex takes off with your son. You have rights, as do your parents. If he's coming over at 11 PM, don't answer the door. If he's insistent and loud, call the cops. Have your parents get a temporary restraining order keeping him away from their property.
Tomorrow, start calling lawyers and get the custody order in place before it's too late. Not working is not a reason for you to lose your children as long as they are being well taken care of.
2006-06-13 16:24:26 · answer #1 · answered by Tia 3 · 0⤊ 0⤋
You need to get a temporary child support enforcement order immediately. The courts can begin getting you child support before your divorce is final. Most likely you will gain custody of your children, but he will be given certain visitation rights that you both must follow. If you cannot agree on one, then the court will implement a standard guideline for you to follow. Normally it is every other weekend for the non custodial parent with 1-2 week day evenings. Whether or not you have income is not relevant considering you are living w/parents and have some stability for you children.
Get an attorney for the divorce. It is worth every dime.
2006-06-13 23:26:23 · answer #2 · answered by cherryblossommmm 2 · 0⤊ 0⤋
This is all state controlled. I am a divorced father of 2 young ladies 10 and 12. I pay child support and have for 3 years, I have never said no in fact I have it EFT'd. I do know that if we look at this childrens best interest and it's hard to do, my kids would have much more today and for the rest of their lives living with me and visiting my ex. Not to be mean, but there are good dads out there I am one of them and proud of it. I wish sometimes the courts would look at things a little differently, but the law is the law. Think about all of that, it's not about the money. Where can the kids have the best life! You will always be mom and he will always be dad. Relax and it will all work out. If he is causing scenes get a PFA.
2006-06-13 23:41:17 · answer #3 · answered by wolf1230pack 2 · 0⤊ 0⤋
Sweetie this guy needs a reckoning! Any court in the land grants custody to the mother, providing that she is a fit mother. By that I mean, 1. your are always there for your kids. 2. your not abusing the kids. 3. the kids needs are being looked after, food, clothing, etc.
He cannot show up on your doorstep any time he feels like it, get a restraining order against him. Talk to child welfare and get some kind of support, the agency will go after him for child support. Most importantly do not be intimidated by him, you got rights and you are the mother.
2006-06-13 23:32:47 · answer #4 · answered by trieghtonhere 4 · 0⤊ 0⤋
Girl, I been there! now listen first you have to have him up for child support, You sound like you just need to get on your feet! Social Service will help you do that ( they helped me)
Once you get the child support going you than go to family court, and get custody of your kids! than you tell them you need to set up vist's for the father and all that you told us on here you have to tell them. the judge will always most likely go with the mother specially if the father just got up and left you! the biggest thing you need to do thou is get custody of your children. if you need any more help you can reach me on renee_g2006@yahoo.com I can help you with out paying money to a lawyer!
Far as him coming any time he wants put your foot down and say hell no, every weekend or everyother weekend is good enough!
Don't get Joint Custody you want full !
2006-06-13 23:26:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
don't take it from him, he'd have to prove you an unfit mother, and just because you can't work doesn't mean you're unfit. also, do as tia said! it all makes since. it's not like you're trying to keep your kids from their dad, and the kids deserve child support too! go get help!! take care
2006-06-13 23:29:29 · answer #6 · answered by thundakat312 4 · 0⤊ 0⤋
Well why are u separated? that makes a difference... also with your grandparents helping, you have good chance to get them all the time.
2006-06-13 23:22:28 · answer #7 · answered by CJenks 2 · 0⤊ 0⤋