i just had a baby and the father lives out of state and he doesnt know the baby was born he was denying her so i didnt waste time telling him but i had to tell my caseworker he was the father and they r goin to fight for child support. can he get custody of her if he was in jail for drugs and he drinks all the time? i dont want to lose my baby i dont mind sharing custody and would he have to come here to my state if shes his and he gets visitation? how does the system work? i live in pa and he lives in nj...
2007-01-02 14:40:52 · 3 answers · asked by chicostick1982 1 in Politics & Government ➔ Law & Ethics
They will have him establish paternity in order to recoup what they pay you and get you child support. If he wants visitation and/or custody, he will have to file for that himself--it's like a whole other action, but before the same judge. Wait and see what he does. He may not even file an Answer and they will get a Default Judgment against him for you and the rest will be a non issue. In any event--I can;t see the Court giving him custody. I know it's easy for me to say this-but try not to worry! No in-state judge will send give custody to a man who lives out of state and has a criminal record.
2007-01-02 15:36:39 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
These are tough situations. I know people who have been in the same boat. Laws vary in every state, however I think there are some general issues here. I know that when my friends ex husband wanted to sue for custody to avoid paying $800.00 a month for 3 kids, my friend went to court and showed the Judge his arrest papers and probation violation papers for testing dirty for various drugs, dealing and stealing, etc., The Judge wouldn't even let him has visitation until he proved that he could stay clean for 1 month-testing (drug) twice a week. he was unable to stay clean and therefore never got visitation. Visitation is separate from child support. They will not deny a child the right to see a mother or father just because they haven't paid child support.
2007-01-02 22:52:56 · answer #2 · answered by Mt ~^^~~^^~ 5 · 0⤊ 1⤋
courts are supposed to determine who would be the better parent for the child, and decide custody primarily on that issue.
however, in the reality to today, the only way a mother will lose custody is if she agrees to give up custody or is putting the child in immediate danger, is abusing the child, or is otherwise being an unfit parent.
so as long as you have been, and continue to be, a well-rounded, fit parent, there is almost no chance a father could do anything to win custody.
2007-01-02 22:46:21 · answer #3 · answered by we2inmaine 2 · 2⤊ 0⤋