thankyou for advice..scared to file not knowing what he can do when i do meaning can he have rights to child he dosnt want ..would it be better for child not to file and let father go? i have all information on him if i was to file that is not the problem..do the courts have them pay decent amount to make it worth the struggle to fight him??
2006-09-29 13:22:00 · 7 answers · asked by REMI B 1 in Pregnancy & Parenting ➔ Parenting
I live in Florida and have been through this. Here are some facts but I do not know if they pertain to your situation or not.
When a mother gives birth if she is single, she has AUTOMATIC custody of the child.
In the state of Florida you can do one of two things ... you can go to an attorney and file for child support, if you do then automatically visitation is also included in the hearing it is child support and visatation. I can tell you that he will just get basic visatation.. standard for Florida is everyother weekend and one night a week for a few hours, and alternating hollidays.
THE SECOND option you have (WHICH IS THE BEST IN YOUR CASE) is to file through the state of Florida... it cost all of 25.00 and give them the information you have on him, they will set a court hearing and if he agrees to paternity they set an amount, if he disputes the fact that he is the father, they order paternity test (AT HIS EXPENSE ) and the results came back with me and my x in a few weeks.... then a court date was set and it was done.
I can tell you that the child support is based on your income and his income ... and your day care expense is considered so if you dont have day care get some now .. even though I was never asked to prove the amount. The state of Florida will provide you with an attorney .. it is done in an open setting in court with about 20 or more parents.. they call your name and you go up before the judge and it is done in less than five minutes... it is the best thing that I ever did ,,., when you go this route through the state VISATATION IS NOT EVEN CONSIDERED TO THEM IT IS A SEPERATE ISSUE.,.think about it this way the state is paying for and representing YOU ....why would they pick up the tab to pay for visatation also.. the state want men to pay so women do not go on welfare.
you can do to www.myfloridacounty.com or www.myflorida.com and it will give you the details on how to file for child support. They will go back 2 years for back child support.
I wouldnt worry about visatation if it ever comes up, unless there is reason that he should not be able to see the child then it will give you a break and the child will know his father,... but I can let you know that all the time that he doesnt want to see the child will 100% go against him in any visatation issue. Document everything .. even on paper handwritten conversations about seeing the child, the times he says he doesnt want to etc..please you may need it in the future.
All the things i have told you are true... when a child is born out of wedlock in Florida .. the mother 100% has automatic custody of the child and he does not have any visatation rights on paper however if he wants to see the child it would look bad upon you not to prvide visatation to him based, but make it age approprate regarding overnight visits etc.
I filed through the state and he was ordered child support,,, we eventully went to court on visitation ... after costing him over 8k and the best attorney in town ALL HE GOT was the minimum every other weekend and one night a week for 3 hours.
We finally came to terms with all of it and now I let them go over to their dads more.. he has PROVEN he is responsible and all is ok now.. buit during the visatation issue.. I just didnt know if he
would care for them as I do ... he doesnt do as good as job as I do but in my opinion a child needs a mother more anyways.
good luck .. hope this helps... if you need anymore info email me .. I live in Jacksonville FL
2006-09-30 16:16:24 · answer #1 · answered by caligrl 5 · 0⤊ 0⤋
You didn't give us too many facts; such as how old is your child at this point? Generally, though, if the father is not a bad person, I'd file for support. He can get visitation rights even if you don't file for support, so you may as well file for some financial help. He won't be able to take the child from you legally as long as you are a good mother. He may ask the court to give him visiting rights with the child on weekends, however. But visiting your father is a good thing for a child. Knowing both your parents is so good for a child. Maybe if he has to pay child support, he will decide he does want to be a dad. It can happen. I'd file.
2006-09-29 20:44:33 · answer #2 · answered by Wiser1 6 · 0⤊ 0⤋
even if you do not file for c.s. the father at this point has the same rights as you which is know as equal rights. if u send the child anywhere and he wants the child all of a sudden he has every right to go get him. even if the people who have him call the law . it pays to file for c.s. and full custody even if u don't get full custody and only get joint custody u will get the domicillary custody which means the child lives with u and u have the final say on all decisions made. where the child can go when to cut his hair etc.. find a good lawyer and yes no matter what he will be ordered to pay c.s.- how much depends on his income--but the good thing is he will have to pay until the child turns 18- make sure you ask for the order to go through the local c.s.office this way if he doesn't abide by the court order and pay -they will have a public record and can set and work with the local sheriffs office to set a warrant and down here in louisiana they also loose andy kind of license they have in their name until they catch up. it is worth it, even if u only are awarded 150 a month i know it is hard i went through this 3 yrs ago. my kids dad took her at her grandparents house and then serverd me with papers the next day for custody. i couldn't do anything until we went to court it is like having your child kidnapped. no matter what u are scared to do think of what is best and right for your child. this way the kid can grow up seeing what kind of dad he has when u have to struggle to give him what he needs and wants and daddy isn't any where to be found cause he is on the run from child support.
2006-09-30 07:57:51 · answer #3 · answered by ? 3 · 0⤊ 0⤋
I am not sure how your state would work it. But either way the child's father has a right to the child whether he pays the child support or not. You need to contact an attorney so they can help you.
2006-09-29 21:20:12 · answer #4 · answered by wintersimjp 2 · 0⤊ 0⤋
I spent the last 16 years not getting or wanting child support.
It all depends on the situation. is the father violent or abusive? if not then I would say file.
And yes as the father he would have rights. can he take the child from you-only a court can say.
2006-09-29 20:34:06 · answer #5 · answered by rwl_is_taken 5 · 0⤊ 0⤋
Just because he dosent want anything to do with the child dosent mean he dont have to pay child support!!!You are entitled to it....I wouldn't worry, There is nothing he can do to you!!!
Good Luck Hun!
2006-09-30 12:58:40 · answer #6 · answered by ?rukkaloca24? 3 · 0⤊ 0⤋
You should seek the advice of an attorney before doing anything. One that deals in family law in your state.
2006-09-29 20:42:36 · answer #7 · answered by ? 4 · 0⤊ 0⤋