Is cutdody decided during a child support hearing?

Jennifer - posted on 05/22/2012 ( 8 moms have responded )

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I had a child out of wedlock and I am confused. I thought that I had full custody of my daughter. We did go to court and a child support order was established. My confusion is as to who has custody. I thought that I had full custody

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Angie - posted on 06/07/2012

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In MO, it's 2 different things...when you get divorced, that's all established, but when you are unmarried as I was, my papers that I received from child support stated I had legal custody & because he didn't have a paper saying he had visitation, he was at my mercy as he had nothing to enforce & for once wasn't stupid enough to push anything with me...lol.. but that was many years ago & laws may have been clarified/changed. Ask an attorney, your child support worker or even research your law online.

Jen - posted on 05/23/2012

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No its not. Its two seperate things. I'd visit a lawyer, but you can do it yourself pretty easily if the two of you agree on custody, visitation, etc. All you have to do is write it up and file it with the local court house. A lawyer can help you draw it up.

Jennifer - posted on 05/23/2012

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Im not sure if it depends on where you live. But at least for me (in Pennsylvania) those are two different things! My childs father ended up giving up all rights so I have full custody of her, but technically I didn't have all rights until he signed those papers. Good luck!! :)

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Megan - posted on 06/07/2012

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and in ohio, unmarried mothers have sole custody until junville court has made orders for visitation/joint custody.

Megan - posted on 06/07/2012

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I know in Ohio, it's two separate things. My ex filed for DNA testing to establish some doctumentation that he is the father... all it did for him was start child support. There is a packet that has to be filled out accompanied by a filing charge before child custody can be brought to court.

Brittany - posted on 05/25/2012

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If it hasn't been brought to court - you and your ex share joint custody. With you being the primary day to day care-giver.

If both parents are involved, sole custody is very rarely appointed.

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Support and custody are supposed to treated as two sep. things, but often are heard at the same time if the father has filed for visitation. Putting them together saves time I would imagine.

[deleted account]

I agree with the previous posters. I'm WV unless one parent has completely given up their rights or has been forbidden from having contact with the child there is never full custody. We will always have shared custody; however, because I am the one who has what you might consider to be custody, I am the primary residential parent, meaning he lives with me a majority of the time and then visits his father.

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