Child cuatody

Diana - posted on 08/09/2015 ( 5 moms have responded )

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Is it possible for my daughters father to show up after 3 years and get custody? He has not once contacted her or paid anything that she has need. I contacted him asking for him to step up or sign the child support papers but instead stated that he will be contacting his lawyer....

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Sarah - posted on 08/09/2015

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He doesn't have to sign child support papers. You petition the court and the judge hands down the order, then you can have county official garnish his wages and the money goes directly to your child.
When you created this child, you both became obligated to financially support her until age 18. Why didn't you file for support when she was born? Custody is another matter. Yes, he can petition the court for visitation, partial, joint or full custody. Simple because you have been the primary caregiver does not mean he is not entitled to parent his own child. Do I think a judge would simple hand the child over to him? Probably not, but I'd expect him to get at least visitation or even partial custody.

Dove - posted on 08/11/2015

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He could still be awarded supervised visitations immediately. If all the abuse was against you only and not the child... it's possible that he would be granted unsupervised. I don't know the particulars of your case and I am NOT a lawyer, so you could be right... I just want you to be prepared just in case it happens differently than what you expect.

I've had a judge rule things that even my lawyer, who had experience w/ the judge, thought were crazy.

Jodi - posted on 08/10/2015

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If you don't have a custody agreement and he has not terminated his rights, then yes, he is well within his rights to demand visitation, and he would be likely to get it. If you want child support, file for it.

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♫ Shawnn ♪♫♫ - posted on 08/11/2015

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Good. I'm glad that he did contact an attorney. He should, at the very least have visitation of the child, regardless of level of financial support.

Diana - posted on 08/11/2015

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Thank you. My child support case has been open for a while and just recently they contacted me stating that he will be paying child support. When we were together he phisically abused me and their is a police report in place. Cops have been to my house looking for him. So from what I understand he would have to attend domestic violence classes for abusers before he can even get visitations with my daughter. As well as we had a dcfs cae open a year ago and he never showed up to court and when my clase closed he would have to go through parenting classes and substance abuse treatment to be able to see my daughter.

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