Question ?*

Brandie - posted on 03/16/2016 ( 4 moms have responded )

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If I'm getting child support but there is no custody agreement could he try to get temporary custody without me knowing??

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♫ Shawnn ♪♫♫ - posted on 03/16/2016

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You should have already covered custody, and visitation as well as support.

Since you did not, do so now. If he's their father, he's got every right in the world to petition visitation and custody.

Raye - posted on 03/16/2016

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It's not just Nebraska, everywhere custody and child support are different things. You can have one without the other, but having both by court orders is best. It doesn't matter if the father never signed the birth certificate or never took a DNA test (although a DNA test should have been done as part of the child support case). IF he wanted to take you to court, he could. If he's paying child support, that could maybe be used as both parents accepting his paternity, or they could do a DNA test to make sure. It's pretty simple. Then he could file for visitation rights or custody. He couldn't necessarily do it without you knowing unless he first filed for the emergency temporary custody. But generally there has to be a reason to institute the emergency order... like an immediate danger to the child. Then they would still have to call you in for the general custody proceedings to determine permanent arrangements.

Why are you so worried if he hasn't been around? You make it sound like it would be a devious thing to do, to take you to court. It wouldn't be. A child's natural parent does have rights IF they choose to go after them.

Brandie - posted on 03/16/2016

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In the state of Nebraska child support and custody are too different things . I just didn't know sense I have my girls and he isn't around if he could try something like that. He pays child support but there was no DNA test done ...

Raye - posted on 03/16/2016

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You should have already gotten court orders for custody/visitation as a protection for both the parents and the child. If he files for temporary emergency custody, that would only last until more permanent court orders are put into place. For him to get permanent full custody, he would have to prove to the court that you are unfit or that you willfully kept him from his child (and you would be summoned to these court proceedings). Realistically, he would be awarded some visitation or even 50/50 custody, depending on the circumstances.

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