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in the child's life. He has never visited him or talk to him. Should I still file for legal custody or should it be presumed that I have sole custody of my son. (He is listed on the birth certificate and pays child support...sometimes)

2007-09-07 11:25:02 · 10 answers · asked by bkjanet4 3 in Family & Relationships Family

He was placed on the birth certificate after a paternity test determine he was the father so I could collect child support and the state place his name on the birth certificate not me. I do have a support order and they do take it out of his paycheck when he works but he doesn't keep jobs long which sometimes there are large laps when he does not pay.

I have no interest getting back this person whatsoever. I just wanted to find out what I should do when it comes to custody.

Thanks

2007-09-07 12:29:18 · update #1

10 answers

No, file for sole custody, because one day, he can come and seek it, , it would be your best bet to do it now and get it over with, once you do have it, you will get child support, more often as well.

2007-09-07 11:51:50 · answer #1 · answered by Ally... 5 · 0 1

There are different laws in different states. In most states fathers have pretty good rights. If you are concerned that he may come back around someday and try to take the child, then filing papers to get full custody is the way to go. If he has had no interest up to this point he may never come around and decide to be super dad. But for your own peace of mind I would file papers and get sole custody. Also when or if he is served with papers to come to court unless he decides to sign away all rights ( and that is if a judge allows it) He has to pay you all that back child support which to most men would be a big pain in the rear and then he gets slapped with an order to pay current as well.. Ahhh life is good. :) GL

2007-09-07 11:37:22 · answer #2 · answered by Michelle 4 · 1 0

Did the court settle the custody arrangement when they ordered child support? Usually those are worked out at roughly the same time so maybe go back and look through your paperwork for that.

If you try to file for sole custody now you stand a very good chance that your ex will want to revisit child support and reduce the amounts at that time, too.

2007-09-07 12:39:51 · answer #3 · answered by Critter 6 · 1 0

You still need to file for sole legal custody, because if not, the father could legally come back at any point in the child's life and try to start making decisions.

2007-09-07 11:30:29 · answer #4 · answered by Anonymous · 1 0

You never know what he might try and do, so I would get sole custody just to be safe. somewhere like 10 years down the road he might decide he wants your son , so he doesn't have to pay any child support at all. I wish you the best .

2007-09-07 11:30:14 · answer #5 · answered by Joan f 3 · 1 0

You should file for custody because he may wake up with a sudden urge to want to be in your sons life andd if you don't want that you should have his rights taken away. thats a step further than custody oh and you still can collect chid support.

2007-09-07 11:32:46 · answer #6 · answered by Bookbabe 2 · 1 0

i doubt this man is going to suddenly awaken one morning and have a burning desire to play Daddy to a kid that up to that point he did not care to see or talk to!!!he is on the birth certificate--- why???? he pays support sometimes-- why?why haven't you petitioned the court to set child support and all such matters?? like it or not because you put him on the birth certificate he has rights!!!! the truth is he is not interested if he was he would be seeing his child--- is this really his child or has that been established by paternity test or not??? leave it alone it sounds like you just want to know if he is interested in you!!!! he is not.good luck.

2007-09-07 11:37:42 · answer #7 · answered by dixie58 7 · 1 0

File for full custody.

2007-09-07 11:29:14 · answer #8 · answered by RedRabbit 7 · 1 0

you already have sole custody- so you don't have to file for anything-- because, you were not married...which legally gives you sole custody.
there is a chance he will- or maybe already did- get visitation..

2007-09-07 11:29:24 · answer #9 · answered by ★★★ Katharine ♥♥♥♥ 6 · 0 1

File. You never know if he might decide to pop back in.

2007-09-07 11:28:54 · answer #10 · answered by Anonymous · 1 0

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