I have a little baby boy and the father hasnt been involved or payed sense day one if i take him to court for custody what will happen? Im 17 hes 21 i dont want him to go to jail.
Heather - posted on 06/05/2013
Jail depends on whether the court sees a need to refer it for prosecution for StatRape.
You need a parent with you in court b/c you are underage yourself. His crazy Aunt might think she can take the child away from you b/c of your age. It is important to show a strong support system. States favor the mother as long as she isn't a drug addict etc.
They will order him to pay child support based on 20% of his income. (% changes based on # of children he has to pay support for).
You would likely lose any Cash assistance but be able to keep foodstamps/medical/housing. And if they award you arrears it can be claimed against what you have received in cash assistance.
If he hasn't been involved you aren't really taking him for custody - you are seeking child support. At the 1st setting they will establish paternity either through having him sign acknowledgement or by doing a paternity test. Then they will address support and visitation. It is normally assumed in the court that the parent that currently has possession of the child the one being paid supportis managing conservator - or the Custodial Parent. If the child is still an infant visitations are limited - due to feeding schedule and all that.
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