Our son turned three July 2006, he adores his Daddy, but the relationship between fiance' and I isn't good anymore because he hasn't any respect for my feelings. I'm thinking of moving back to my hometown in Oklahoma, away from Jersey, and I want to take my son. I am the sole support for my family because fiance' is disabled. Do I have more rights than him?
2007-01-13 22:59:34 · 13 answers · asked by stuckinarut_again 2 in Family & Relationships ➔ Marriage & Divorce
Irregardless of who is the sole supporter your child's Dad has a right to see his child no matter where you live.I think in your situation it would be best to hire an attorney to establish visitation.The courts should also order the father to pay child support even if he is disabled he is obligated to take responsibility for his child.If the father isn't receiving disability benefits then he should try and apply for them so he will have income to take care of himself and the child support can be garnished from his benefit check and sent to you every month.I am truly sorry that you are being faced with such a dilemma,I wish you the best of luck.
2007-01-13 23:12:31 · answer #1 · answered by roosmom 3 · 0⤊ 1⤋
Legally you don't have to do a single thing you don't want to .You are not married and if you want to move on with your life that's your privilege . Now, if you feel sorry for him being disabled and you leaving, then remember he did nothing all these years to build a foundation. Obviously he was quite content to let you slave away supporting you all and in the end dishing out a bunch of b.s.; He must get some type of money from somewhere if he is disabled . A three year old is happy where ever a loving mom is happy , your life goes on and it looks dismal to me to be tied to a fiancee who does not fit the bill .
Talk to a lawyer, take a quiet moment and think this out . It is not all that hard when you think of all those endless years in a relationship that gives you hurt feelings .
Good luck and start packing. If he cares about the boy he can visit and make amends somehow. I bet you will not see him often .
P.S. I am not even talking child support . Though the boy certainly is number one to be considered .
2007-01-14 07:41:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I would like to add that you should be sure to file for child support, whether he works or not. Child support accrues from the day you file. Your son has a right if his father can ever pay his support. You do not need a lawyer for this. You can also agree on visitation, and how it is to be handled, and establish visitation at Family Court. You do not need a lawyer for this.
Go to Family Court and ask to file for Child support and Visitation. They will give you the paper work. Take it home and carefully fill it out, wording your request as specifically as possible. Return the paperwork, request a copy of each, and a court date will be set. Go to court, usually this is done in a private room, state your request, and a determination will be made.
If you need legal advice most lawyers will do a consultation for free. You could go for two or three different consultations.
2007-01-14 07:37:59 · answer #3 · answered by Puresnow 6 · 0⤊ 0⤋
This is his son too correct? Both of you are parents and both of you should be treated as such. I assume because he is disabled and you work you think this gives you more leverage for the court. Does his disability make him a bad dad? You need to seriously think about this before you move back to Oklahoma. Will your son and his father get to see each other? You should make sure that they do. Good luck
2007-01-14 07:34:07 · answer #4 · answered by kelsey 5 · 0⤊ 0⤋
Does a person have more rights because they are female? Because they are able bodied rather than disabled? You really don't know the answer????? Parents have rights regarding their children, and those rights aren't eliminated or lessened by handicap or sex. You will need to go through court to remove HIS child from the state you reside in now. Just as he would need a court to grant permission if he decided to take the child and move away. Both parents have equal rights.
2007-01-14 07:33:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
NO. He is the father regardless. You will have to get permission from the courts to take him, (the son) out of state that far away, and by his father being on disability, you are going to have to be the one to bring him for visiting, (the Son) IF the father is not able to travel.
2007-01-14 07:04:19 · answer #6 · answered by Ex Head 6 · 1⤊ 1⤋
I have a friend who had a son in a similar situation, her thinking was that the guy has had his fun, hasn't offered one bit of support so he gets no consideration in the decisions she makes regarding her and her son. Just get on with it.
2007-01-14 10:13:07 · answer #7 · answered by al b 5 · 0⤊ 0⤋
yes, but before you up and move, you need to think about how this is going to affect your child. This was no longer about you or your fiancee when you both had a child. Think about that baby, he needs his father. If you need to break up that's fine, but don't just up and move taking that baby away from his daddy, plus he's so young...think about him first...now if this an abusive situation remove yourself asap
2007-01-14 07:03:42 · answer #8 · answered by ? 3 · 0⤊ 0⤋
Yes you do but he have the right to see his son but he have to pay for the trip beside that get a lawyer and check out what your right is and what you need to do about it
2007-01-14 07:02:29 · answer #9 · answered by Linda 7 · 0⤊ 0⤋
Of course you do. Being engaged does not constitute any legal status at all. It's you and your son, period. "Fiance" is not even in the picture, if you don't want him to be. Move and build a life for yourself and your child.
2007-01-14 07:12:48 · answer #10 · answered by Liz 7 · 1⤊ 1⤋