Ok, My husband and I are planning to divorce. He said that he wants the baby to live with me and he will give me a child support check. He said he also wants to be allowed to see him or visit him when the time is right. But he still wants to have some custody, so he'll be known as the father. What legal term is this?
2007-01-17 16:19:17 · 10 answers · asked by mommy2be031207 2 in Family & Relationships ➔ Marriage & Divorce
Well the terms vary from state to state. For example - some states have "visitation" where other states have "parenting time." You should try to see someone's divorce papers from your state for an idea of the terms to use.
Basically custody falls into two forms - physical and legal. Phsyical custody determines where the child lives. Legal custody determines how major decisions are made about the child, who has rights regarding the child. Unless a parent is found unfit by a court - they usually continue to have legal custody. Your ex will always be known as the "father" unless a court finds him unfit or he abandons his parental rights in a court proceeding.
You can have "full custody" which basically means you have the child physically with you and you make all the day to day decisions. The court will outline, usually, what rights he will retain (right to see school records, be involved in major medical decisions...). If he doesn't want to spend time now you can leave the document vague - for example "the parties will agree on a reasonable parenting schedule." I don't recommend it however. It would be better to be more specific - "father will have visitation for two hours per week until baby is X old and then it will increase..." He doesn't have to comply but you also won't be surprised by anything in the future.
You should have a short consultation with an attorney even if you guys agree on most terms. She can help your draft the documents.
Good luck.
2007-01-17 23:23:47 · answer #1 · answered by CV 3 · 1⤊ 0⤋
It is very sad that you both might end up divorced. Try to work things out for the benefit of all of you. It takes two to make it right and it takes two to destroy it as well. Just in case you do file for divorce keep in mind the following: As a father he has an obligation called "child support payments", and the right for visitation. Joint custody is the worst. One should have full custody (you), visitation should be very specific, every other weekend, holidays (maybe alternate), vacation time from school should be very specific. For one baby he should give you 20% of his salary (Net pay and not gross pay). Make sure he provides medical insurance in case you do not have a job.
Be very specific and cover as much as possible on your divorce decree before you sign it because any change will cost you money in the future. Remember that lawyers are trained to create problems so seek information from already divorce women. Ask for what you want (you are paying for the legal representation).
I hope you both save the marriage but if not, please do not use the baby to hurt each other. The baby is the most affected and he/she has the right to be loved by both.
2007-01-17 16:47:36 · answer #2 · answered by Abby 4 · 0⤊ 0⤋
It is called YOU having physical custody and him having visitation...you might also tell him that he will always be known as the father whether he visits the child or not until HE decides he wants to sign away parental rights. Divorce has nothing to do with a parent not being a parent any longer.
2007-01-17 18:48:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋
You are going to have "Full Custody" and he will have visitation rights to see the child on week ends or whatever you both agree on. Or you can both agree to "Joint Custody" where the child is with you for so long then stays with him for so long. If you have a lawyer, he will work everything out for you. Good Luck
2007-01-17 16:28:38 · answer #4 · answered by Lace 4 · 0⤊ 0⤋
Depends on the state which you live. Joint custody; partial custody; visitational custody; primary custodial parent; primary residential parent; alternate residential parent.
Go to your state's govt website and look under Child Support or Support Enforcement (may be under Dept Social Health Services). It should give you the information you are looking for.
2007-01-17 16:23:59 · answer #5 · answered by moniquebell 3 · 0⤊ 0⤋
Joint legal custody...He pays support...your the primary parent and he has the child every other weekend from 6 pm friday to 6pm sunday. Hope that helps.
2007-01-17 16:59:33 · answer #6 · answered by J&A 3 · 0⤊ 0⤋
Basically what he will be getting is visitation rights. The visitation is longer in the summer and most likely you two will alternate major holidays. Or at least....that is how my ex and I do it.
2007-01-17 16:24:21 · answer #7 · answered by mccmb02 2 · 0⤊ 0⤋
you need to do all this in the courts when you have a child or lots of property..that way everything is up and up and if one defaults they get into trouble.. and those times will come so get a lawyer. good luck
2007-01-17 16:26:02 · answer #8 · answered by Kat 5 · 0⤊ 0⤋
its called joint custody, but one of you can have the child more.. or you can just agree to allow him to see the child if you dont want it in court...
2007-01-17 16:25:07 · answer #9 · answered by hockeygurl 2 · 0⤊ 0⤋
father?!?
2007-01-17 16:22:25 · answer #10 · answered by aime 2 · 0⤊ 0⤋