The father of my 5 month daughter is trying to get sole custody.?

Question

He kicked us out of our home when my daughter was one week old. I had no other choice but to move back home, out of state. Now, I am being "punished" by the court for leaving the state where my daughter was born and where her father lives. Now the court is suggesting that I drive 3\4 of the way so he can see his daughter. Keep in mind, he kicked us out with no finicial support and he has not attempted to see her and I have not denied him his rights. PLEASE tell me this is not right!

I do have an attorney, and he said that is just the law in Louisiana that he will get joint custody and it will be inconvient for me. I am thinking about asking him to give up his rights, but I think it is his mom who wants her.

Answer 1

It isn't right, but he may be able to do this legally. Also child support has nothing to do with visitation rights. He is entitled to see her even if he doesn't pay. I would comply with the court and get an attorney asap.

Answer 2

One question you need to ask is how long the child has been in the state you live prior to legal action concerning visitation.

Most states require a six month residency to determine which court has jurisdiction.

If your child has been in the current state longer than six months the order may have been incorrectly filed.

Additionally, file a motion to have the father start child support payments. Although you can't deny visitation...it's a good arguement in court that the father isn't providing any assitance therefore it is economically difficult to drive the distance to meet for visitation and the father should meet you closer to your home.

Contact an attorney from your own area to see if this will help!

Answer 3

best bet it to try your local court house to see if they have any organization that can give legal advice or even a local law school

But in general, unless your home environment is unfit for a child the likely hood of the court granting sole custody of a child five months old to the father is slim, not impossible their are exceptions but it does not sound the fact pattern in your case

as toward being punished by the courts? was their a court order on visitation or signed agreement? if not then the court maybe be mad about the move but it was not illegal

side note: once you and the child have lived for six months in the state you are currently in, that state gets jurisdiction over the child, so if you can hold you ex off for six month, then you can file in the new state and make him come there to fight visitation

I would also file for child support in the new state and let them go after your ex for child support

Answer 4

I don't know what state you lived in, but in ohio if you are not married he has no rights until you go to court and support and visitation is established, If you have to go to court make sure you write down all that has happened with dates if you can recall them, take witness that knows the relationship and how you were treated and that he kicked you out, a father usually can't get sole custody unless the Mother is unfit, go to you local library and look up the laws where you previously lived to find out more on the procedures. Be sure to keep good notes of everything he says and does to you be well prepared when and if you go to court.
Good Luck

Answer 5

It is not right, but the scary part is that he and the court see it as right. You need to get an attorney. Sounds like he is a potential deadbeat dad. I've seen this many times. They like to try to get the kid or smear you in court so they don't look bad in front of new girlfriends, family, etc. An attorney can change everything. I wish you and your daughter the best of luck

Answer 6

You , like many other women, mis-state or mis-represent the question and situation. The father "FATHER" of MY, MY, MY daughter.... First off, that child is just as much his as yours, no matter what the papers say. His blood runs through her veins too, does it not? That is your daughter's biological father, no matter what people say and it is her rightful father. It is he that will be working 24/7 to financially support her while you get the joy of sitting at home, not working, and getting all the time and joys of being in the child's life while the father is torn apart for one reason or the other. Your daughter has every right to see and know her father, he has just as much right to his, you, both of your's child as you do. Your daughter has the equal right to be raised by either you or her father. Most women are so selfish, they only think of themselves. This is my child and not his, he owes me child support so I don't have to go out and get a job. He got me pregnant, ( making it all his fault that you too consented into having sex ). Would everyone please stop thinking of children as a bargaining chip, something to parade in front of the other to try and hurt them in some way. Like it our not, it is not only your child, it is his also. He is the child's father. Look through her eyes for a change. How would you or like it if you never got to know your father? Just because your mother made that decision for you when you were too young to speak. Most of you women think that is your dolly and he can't play with it, but he can surely pay for it!!!! Quit looking through your eyes, his eyes . Look through your daughters eyes and do what's best for her. He will eventually have to pay you support and back support, so don't worry your pretty little head about it honey, you'll soon be in the money. I am almost certain that is what most of this is about anyway. I think all the bills, traveling expenses and everything should be 50-50 split, time with the child should be 50-50 split. you are both her parents, like it or not. She DOES belong to both of you and you both belong to her. So be fair to her, for HER sake. One more thing, child support and visitation are two separate items. You will find that out that unless you were married, they will be dealt with as separate issues. Think of the child and what she needs, put aside your differences for the child's sake, thats is really what it means to be a parent. Doesn't sound like you are doing a very good job as a parent to me. Cut the guy some slack, he may not have done anything right, but consider this, if you gave your child up for adoption, gave up all your rights, and later realized you messed up, wouldn't you do everything in your powers to get your child back? Wouldn't you fight with all that you have? Don't you think that you ever made a mistake in your life. Women never realize that fathers really do get torn apart when the mothers take the children. Mothers almost always think that the children are theirs and not the father's. I hope it changes some day, but it won't.

Answer 7

Funny laws are put into play when there is not a marriage contract. You need to contact an attorney. If you are not able you may be able to get guidance from a women's shelter to see where your next step should be.