Ok here it is. I fell in love with a woman who cheated on me. She is mentally disabled, has no car nor liscence, says I must pay child support before a d.n.a. test is performed. The mother says I dont stand a chance to obtain soul physical custody or even joint custody. I only want fairness. I have my own home, 5 vehicles, I am very inteligent, have no criminal reccord, I do not collect mental dissability, If I had soul custody I would not have to ask her for child support nor would I have to apply for welfare like she has. My question is do I stand a chance to obtain soul physical custody while the child is 3 months old? Or even at any age? Thanks for taking the time to respond.
2006-12-24 09:02:21 · 8 answers · asked by David H 1 in Politics & Government ➔ Law & Ethics
Get A Lawyer!!
One who is concerned with fathers' rights.
If this is your child, you do indeed have legal grounds for joint custody. Sole custody would have to be determined by a judge on the basis of the mother being unfit, and that's rare. But you do have rights, and if you are sincere, a lawyer can help you obtain joint custody of your child. Don't believe ANYTHING the mother tells you regarding what you can and can't do, or have to do, such as child support before a DNA test. She has to prove it's your child before the court can order support. Of course, it you're sure it's your child, paying would be the right thing to do, and would go a long way towards the two of you being on good terms.
2006-12-24 09:09:20 · answer #1 · answered by Bad Kitty! 7 · 3⤊ 0⤋
First of all, you need an attorney. Secondly, if you don't get an attorney, at least in California, you will end up having to pay child support. Thirdly, DNA is not the only way to become a "presumed father" in California. If your name is on the birth certificate, you probably are considered the father and social services (the welfare folks) will make you pay unless you can show, through DNA testing, that you are not the father. And it'll take a few court hearings to do it. And you need a lawyer specializing in Family Law and child support issues to do these hearings.
How to get sole physical and legal custody? Here is the deal. In California, a parent's gender is not supposed to be taken into consideration to determine what is best for the child. As such, technically, a mother's rights to a child are just as good as a man's when it comes to custody. But judges and lawyers and everyone else still has this bias for the mothers. Additionally, the longer you put this off, the more bonded the child will be with the mother. As such, the mother who was current custody has a huge advantage. You may get the court to give you joint physical custody, but (in my opinion) that is probably bad for the kid to spend have the time in one place and have in another. And if you are just doing it for money, well, you probably ought not do it.
I wholeheartedly agree with the other folks who said get an attorney and don't rely on strangers on the internet who don't know jack about what these issues. I actually am an attorney and can tell you about criminal law and CPS law, but I am unfamiliar about family law, so even I have some holes in my knowledge. Peruse the yellow pages, spend a few thousand dollars, get some real advice, and get some real knowledge.
Good luck.
2006-12-24 17:22:29 · answer #2 · answered by Erik B 3 · 0⤊ 0⤋
Demand the DNA test.
It is not her right to demand that you admit to being the father before you have the right to put it to the test. If the CSE comes after you tell them to prove it or take a hike, enough said. If you weren't married, they're going to have a hard time proving there case.
Why? Because after that period, you no longer have the right in several states to demand a test, even if other evidence comes to your attention. Several states limit the time that dads have to challenge their paternity on the basis that the law will "leave no child a bastard."
Now, as far as custody goes, a state cannot determine who will receive custody simply by who will or will not receive child support. Even if they did, because of federal funding mandates, they would be more inclined to support the parent that WOULD seek paternity, because those dollars are matched by good old uncle sam. However, the judge should look at what is best for the child. The mental disability will not come into affect unless you can prove that it would make her an unfit parent.
Good luck, and get that DNA test.
2006-12-24 18:58:41 · answer #3 · answered by John F 3 · 0⤊ 0⤋
All other things being equal, the mother would have sole custody and the father would have visitation rights. However, if there are serious reasons why the father would be more capable of taking care of the child, like the mother's financial difficulties or mental instability, the custody would be awarded to the father. Contact a lawyer. You have a good shot.
2006-12-24 17:08:56 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A DNA test must be performed before paternity is determined. Until then you are not responsible for the child. As far as getting custody of the child I can't answer that. Courts don't always do the logical thing in a custody battle so get a good lawyer and hope for the best.
2006-12-24 17:08:03 · answer #5 · answered by Anonymous · 0⤊ 1⤋
I wish you luck, the courts are realy only looing for several main things. Who can provide the better quality of life for the child, who can support al the needs of the child, and the better overal environment the child is going to be raised in. I have always been a big suported t the parent who can provide all the mentioned above. The welfare of the child "has" to come first, not just because you want the child just to want the child. Good Luck and God Bless.
2006-12-24 17:17:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You need a lawyer, not a bunch of strangers on the Internet. This is your kid you are talking about!
2006-12-24 17:08:54 · answer #7 · answered by Lisa A 7 · 1⤊ 0⤋
yes and you do not have to pay child support until dna is preformed
2006-12-24 17:11:52 · answer #8 · answered by glamour04111 7 · 0⤊ 0⤋