he never wanted the baby , she is 2. he doesnt spen enough time and I do everything now he wants joint custody how does that work
2006-12-07 13:32:49 · 12 answers · asked by taffy 2 in Politics & Government ➔ Law & Ethics
Why are you asking for advice on Yahoo? Call a lawyer.
2006-12-07 13:34:42 · answer #1 · answered by DirtMcGirt 3 · 0⤊ 2⤋
Part of my practice is divorce and family law. This is a fairly common situation where a father is facedwith the notion of child support, and then threatens, (either verbally or in writing) to file for custody, unless the mother drops the child support case. I urge you to persevere, and continue your case.
If you don't already have an attorney, get one immediately. Do whatever you need to do to obtain an attorney. Borrow money from friends, family, etc. You need an attorney who is interested in protecting your rights, not merely in making sure that the state mandated support rights are carried out.
Is he a good father? Does he regularly visit the child? Does he currently provide for the child's needs? Can he support the child? These are questions a court will raise. The courts in most states are obligated to look to the best interest of the child, which can in some cases, include the father. Without knowing more about your situation, and the father's I can't and won't advise further.
If you need a referral to an attorney, contact your local or state bar association.
2006-12-08 02:31:17 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
If he is just trying to get custody so he does not have to pay child support, he is a dirtbag. Now to your question, get an attorney and I am more than sure you can document all the things he has and has not done for the child. It will be to your best interest to contact friends and family to be witnesses. You have retained custody of the child and that alone will be to your favor, I am more than sure that you can prove that its to the best interest for the child to be in your sole care, and that you could provide the better quality of life for that child. Don't let him bully you, and I wish you the best of luck and God Bless. Lastly, seeing that he is lthe father, he does have rights to see the child, make sure you only agree to you getting primary custody, so the child will reside with you and you will have sole authority to say what is in the best interest of your child.
2006-12-07 21:39:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't want to scare you but I was in the same predicament. My X got married and all of a sudden Life was grand at the other house. My X and the new spouse took me to court and ended up getting a 7 and 7 split custody schedule. I had to abide by the judgment....Needless to say it lasted for about 4 months and they gave up. Too much homework...chicken pox and they didn't want to get it, etc, etc. So....it is possible. Advise, Get a Good Attorney that plays Dirty, Be Prepared for it to take a while and Pray Pray Pray!
2006-12-07 22:18:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Child support and Custody issues in the state of Kentucky are two different matters. Even visitation rights go under another judge.
There is alot of legalese he would have to make his way through,court dates etc.
Yours would be handle by the state since you have filed for support.
Both parents having custody isn't a bad thing,it's shared responsibilty, bills and health care.
2006-12-07 22:01:22 · answer #5 · answered by nanaraex2 2 · 0⤊ 0⤋
He's just bullying you as a response to your request that he actually be responsible and assist in the upbringing of your child through monetary means. If you have had custody for two years and your child seems to be progressing well, you don't have much to worry about. The best thing you can do is to have people write Affidavits and have them notarized about their observations of your parenting abilities. Also, get an attorney to help you respond to any motions that he files so he doesn't get any default judgements.
2006-12-07 21:42:40 · answer #6 · answered by Red 4 · 0⤊ 0⤋
My aunt works for the county for child support services and she has mentioned before that in cases like this the judge takes that into consideration. Because he never wanted custody until now that he's being asked for support. Don't worry they do take that into consideration pray to God to give you favor with the judge and you'll see it will work for you.
God bless and hope all turns out well
2006-12-08 18:28:19 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If he is the biological father of the child and there is no court ordered arranged cutody, he has the same parental rights as you do...
The rest is your opinion until you support it in a court of law with facts and until a judge orders a difference in custody that's the way it is.
2006-12-07 21:41:09 · answer #8 · answered by Heather 4 · 0⤊ 0⤋
Be prepared to document everything you say here. Have witnesses ready to testify to his absentee parenting. Demand that the court appoint a Guardian ad Litem. Latin for "guardian of children" this is a lawyer appointed by the court to look at the entire situation and make reccomendations.
2006-12-07 21:36:51 · answer #9 · answered by Yote' 5 · 0⤊ 0⤋
Only if there is a good reason, such as drug use or other activity in your life that would convince a judge that the child will be better off living with him. He must be a real jerk if he won't help support his own child. Good luck!
2006-12-07 21:38:40 · answer #10 · answered by earnest dubois 3 · 0⤊ 0⤋
He can. Its not likely. Courts are reluctant to remove a child from its mother during the "tender years". Unless, however, he can be the better parent and can prove it. he may just be trying to scare you but if he gets a lawyer and you do not anything can happen. Get a lawyer immediately.
2006-12-07 21:37:56 · answer #11 · answered by Anonymous · 0⤊ 0⤋