Need legal help !

Stephanie - posted on 06/25/2015 ( 6 moms have responded )

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If the father of my child sign the birth certificate does he have any legal rights to not let me move out of state . And now wants 50/50 timeshare . But hasnt paid childsupport but only $200 . Think i need lawyer

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Jodi - posted on 06/26/2015

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Actually, Elizabeth is likely to be incorrect (although it depends where you live). In most places these days rights WON'T be affected by how much support he has (or has not) paid because child support and custody are two totally separate issues. Children are not commodities and your rights to them are not based on money.

Does he have the legal right to stop you moving out of state? He has the legal right to file an objection to you doing so AND file for custody. And depending on the circumstances, may we have a case. You mention NOTHING about whether he has contact with the child now. What are your current custody and visitation arrangements? If you move out of state, you are potentially violating his rights to a relationship with his child, and even worse, violating your child's right to a relationship with his father.

Sarah - posted on 06/26/2015

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Also, a public defender is or criminal cases. This is a Family Law matter and you need a lawyer who understand those laws. You may find a referral to good one thru a women's advocacy center. Some do pro-bono work and others have sliding scale fees.
If the father wants 50/50 custody, and he is not a danger to the child, why would he not be awarded the same rights as you? If you each have the child 50% of the time, I'd expect all costs to be split the same way. Good Luck

♫ Shawnn ♪♫♫ - posted on 06/26/2015

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If you are in the US, child support and visitation/custody are separate.
What is important here is: What are your current court orders? Has the child's father attempted contact? Have you allowed contact? Have you followed your court orders (or given it your BEST effort)?
If you have court orders, and have been adhering to them, good. You can have your attorney petition for the move, and go from there.
If you have court orders, but have not been following them, this could be a problem.
If you DO NOT have orders, and have been making your own decisions regarding visitation and support amounts, then there's a problem.
Bottom line: In the US either biological parent has the right to petition for custody & support.
I'd talk to your attorney to see what your options are at this point.

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E Larry - posted on 06/27/2015

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I am a lawyer (not the kind you need for this issue) but I certainly agree you do need a lawyer.

Don't delay. If you are unable to afford a lawyer, most communities will have women's assistance groups who can refer you to qualified family law experts in your state who will provide assistance on a pro bono basis or at substantially reduced rates.

Dove - posted on 06/25/2015

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Child support and custody/visitation typically have nothing to do w/ each other. I guess it depends on your state though.

Stephanie - posted on 06/25/2015

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Thank you . I just hope i can afford one . Public deffenders handle any case right?

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