2006-10-20 10:12:53 · 34 answers · asked by proud_mother_of_2_19 1 in Pregnancy & Parenting ➔ Toddler & Preschooler
Depends on what the court papers say.
2006-10-20 10:18:15 · answer #1 · answered by jodym1000 1 · 2⤊ 0⤋
If the father's name is on the child's birth certificate the joint legal custody is given by default. If the father's name is not on the birth certificate then the mother has full legal custody.
Be sure to note that legal custody is not the same thing as primary physical care and visitation. A court action is required to change custody. Legal custody involves who has the right to obtain medical records and care and who has a say in raising the child.
Due to the fact that the father is paying child support and has taken responsibility for the child the assumption would be that he has joint custody.
Please people don't answer a question unless you have some idea what you are talking about. Thank You
2006-10-20 14:53:48 · answer #2 · answered by Big D 2 · 0⤊ 0⤋
In the court of law, child support and custody are two entirely different things! Usually, the person not paying the child support has full custody of the child. Now, if the father (I'm assuming doesn't have custody) wants to take the child (not by force) and just up and leave with them, if there is no custody agreement with the courts, then he has the kid. Then, he could counter-sue for child support from the mother. If the father does take the child by force, that IS kidnapping (just to let everyone know).
The best thing, for both parties and children involved, is to have both a court-ordered child support agreement AND a court-ordered custody agreement.
BTW, the law is exactly the same for babies born IN wedlock and the parents are separating or divorced.
2006-10-20 10:24:03 · answer #3 · answered by Summer 5 · 2⤊ 0⤋
The entire point of child support is for the noncustodial parent to help in the financial support of the child involved.
This does not mean that the parent paying the support does not have custody at all. In most states, it is assumed that unless there are court papers saying differently, the custody of the child is split jointly between the two names listed on the child's birth certificate.
That means if you are listed as the mother, and the father is listed as the father, on the official birth certificate, and there is no court order, you have what is called joint custody. This means that either of you has equal rights to the child in question. Either can pick the child up from school or daycare. Either can take him/her to the doctor, or emergency room, and authorize care to be given by a medical professional. This also means that if one of these parents takes the child, without telling the other parent, they cannot be charged with kidnapping. They are seen as a legal guardian and have the legal right to take the child where ever they choose. There are lesser charges that they can be charged with, if they do it, but they are all misdemeanors.
If you're concerned about a custody dispute, or about a child being removed from your care by the alternate parent, it is best to go to court as soon as possible and have a judge order a custody agreement.
Good Luck!
2006-10-20 10:58:35 · answer #4 · answered by Anonymous · 2⤊ 0⤋
This must be a trick question because if a father is paying child support the child would be living with the mother or with someone other than the father. If the father were to have custody the mother would be paying child support. If someone other than the bilogical parents of the child were to have full legal custody then both parents would be paying child support.
2006-10-20 16:42:30 · answer #5 · answered by momofthreemiracles 5 · 0⤊ 0⤋
It depends on what the court said. Usually, when you file the papers with the court. (Unless you are on Medicaid, and if you are, then the state will provide you with a State Child Support Lawyer) But with the custody where there is no paper work, it will be joint. But the father can take you to court and then the legal system will then decide.
If it goes to court and the father is paying child support and you or him respond to the paper (when served) you will both have joint custody. But if one of you serves the other person papers and that other person doesn't respond, the person that served the papers will get the full custody.
2006-10-20 10:52:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It would depend... does the father live with the child and mother? Traditionally, custody goes to the mother in these situations, as far as living arrangements matter. However, there are always exceptions, such as if the father does not relenquish his rights in court and wants to remain a part of the child's life. If he is at least paying child support, I would imagine that he wants to still be involved in the child's life. Legal custody would have to be decided in a courtroom, by a judge, if you are trying to get full custody.
2006-10-20 12:08:37 · answer #7 · answered by dolphin mama 5 · 0⤊ 0⤋
If you have something from court go by that. Otherwise I would say the mother. If he fights you because he is paying, you can still get full custody or you can give him visitation rights but retain full custody of your child. Some people opt for shared custody where each of you would have the child for specified time periods throughout the year.
Good luck. And don't hesitate to go to court First and ask the judge for custody.
2006-10-20 10:25:48 · answer #8 · answered by inzaratha 6 · 0⤊ 0⤋
From my experiences, it is very important to separate mentally child support and custody. The courts look at the two issues separately and so should you.
Unless you have applied in court for full custody, you don't have it. The court does look at who the child has been residing with and what is in the best interest of that child.
It also looks into access of the other parent as that is also in the best interest of that child as well, unless there is a risk factor there that they should be aware of.
2006-10-22 03:29:28 · answer #9 · answered by lesbianmommy 2 · 0⤊ 0⤋
That is a separate ruling in the court order, by the court. Usually a court will grant the father joint custody, if he asks for it.
Custody doesn't matter. So he has a right to say his opinion on bringing up a child. Placement matters. Whoever has primary placement of the child, is what matters the most.
2006-10-20 16:40:35 · answer #10 · answered by ? 5 · 0⤊ 0⤋
Well if the father is paying child support then the mother has full custody of the child.
2006-10-20 11:33:04 · answer #11 · answered by Jessica p 3 · 0⤊ 0⤋