i was just curious, because hes trying to get me for hcild support because my son is with him more than he is me, but were not legally seperated.
but i was told that I have full custody since i had our son BEFORE we got married, i am in ohio. that is correct isnt it?
i just wanna be prepared for tomorrow.
thanks
2007-04-23 13:56:45 · 12 answers · asked by mariaprichard 1 in Family & Relationships ➔ Marriage & Divorce
THE FATHER IS NOT ON THE BIRTH CERTIFICATE WE GOT MARRIED A YEAR LATER, WE ALSO HAD A DNA TEST
2007-04-23 14:01:57 · update #1
In certain states if the two were not married when the child was born neither have full custody. It doesn't who the child lives with. Who has his at the time as custody and if say for some reason the other parent lets the other one see the child they don't have to relent him back. You have to have it ordered by a judge that you have sole and full custody, no matter who he lives with. I'm not sure about Ohio but here in Missouri, it's who has the child at the time and still that doesn't mean you have legal custody.
2007-04-23 14:06:50 · answer #1 · answered by Krinta 7 · 0⤊ 0⤋
If the DNA test showed that he is the father, he has equal right, if you are married or not.
If you decided not to be together, when your son is with you, go to the family court and and file for a divorce. Ask for child support and visitation rights for him. Don't let him see the child, until the divorce is finalized.
If you have the child with you, more than likely, you will get the custody. Otherwise, you will be fighting for the custody for a long long time.
Do exactly what I told you. No compramises ! OK ? Otherwise, you will be in a mess. If you have money, go and see a lawyer. He will take care of everything. Again make sure that the child is with you, when you do it.
2007-04-23 16:01:31 · answer #2 · answered by kenneth h 6 · 0⤊ 0⤋
I live in Ky and the laws here are alot like the ones in ohio. The DNA test that proves hes the father overrides the birth certificate anyways. Whoever has the child physically when you go to court will most likely be granted temporary custody of the child until the divorce is final or custody is granted. I went through that with my kids dad also. if you want your son to be in your custody, do what you can do tonight before court in the morning to have him in your care for the court date so you can ask for temporary custody, if you don't have him already. good luck
2007-04-23 14:19:23 · answer #3 · answered by Rosie 1 · 0⤊ 0⤋
Full custody is if you have your son with you 100% of the time, your arrangement sounds like shared custody. As you are not legally seperated this may cause him problems in getting child support from you as nothing states that you are not together
2007-04-23 14:00:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you have full custody then he has to give you support so you can maintain a home for your child, whether your child spends x-amount of time w/your X or w/you.That is Full custody. If your X goes to court and gets full custody,you'll pay. Even if he gets joint custody,he will still have to pay you unless.....He gets physical custody on top of joint custody,then you'll be the one paying support. You should still check to see what Ohio laws are.I'm from the east coast.
2007-04-23 14:20:33 · answer #5 · answered by Anonymous · 0⤊ 0⤋
custody and child support are two separate issues. the court is supposed to act in the best interest of the child. the custody most often goes to the mother in which case the father would have certain dates of visitation and would have to pay child support and the amount is decided by the number of children and his wages, not the amount of time he has him.the court usually reads any documents you have and decides this accordingly.. In the best interest of the child.
2007-04-23 14:11:44 · answer #6 · answered by jan d 3 · 0⤊ 0⤋
If you had a DNA test, then his name should be automatically put on the birth certificate. You don't have to be legally separated for him to get child support in most states.
2007-04-23 14:09:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If he has your son more time than you, you very may well have to pay child support.
Child support is retro-active back to the day he moved out with your son. (regardless of when you got married or who your son lived with after he was born).
I have a feeling you may have to pay support, unless you both can work things out and come to an agreement that, hopefully is in the best interest of your son.
2007-04-23 14:10:23 · answer #8 · answered by Brenda R 2 · 0⤊ 0⤋
No. You are not correct.
If you listed the father's name on the birth certificate, he has just as much right to custody as you do. Even more, if what you say about time spent is true.
2007-04-23 14:00:59 · answer #9 · answered by J.C. 2 · 0⤊ 0⤋
my suggestion is that you should go to your local library and ask for their local statutes pertaining to the Ohio Laws on custody. if you ask me, I would try to find some amicable way of working something out for the sake of your child. It's not their fault you were weak in poontang and had to give it up to some low life.
I'm sorry if this offends, but you need to hear the reality of what the hell you're asking me
2007-04-23 14:03:48 · answer #10 · answered by PokeYoMoms 1 · 0⤊ 0⤋