does anyone know anything about child custody

Anna - posted on 09/28/2015 ( 1 mom has responded )




i have a 5 year old little girl named emma her father has never met her when i got pregnant he told me to contact him for dna after she was born than he disapeared i tried to do it on my own my husband that i married after i had emma took on all the responsibility he sighned the birth certificate he paid everything for her now he is divorcing me i cant do it on my own i finally got in contact with the biological father and his wife he told me if i go for child support he and his wife will file for sole custody of emma i am scared to death to file for child support i dont want to loose my little girl he doesnt love her he just doesnt want to pay child support what should i do?? can he actually do that?? will the courts give him my daughter ??? i only need the money to help support emma to buy her some cloths and diapers and stuff she needs emma is a special needs child with a sever learning disability she doesnt comprehend things like normal people and is very slow this will hurt her badly if he takes her. i want him to visit her and get to know her also. but he is being vary hard headed about it. i know im not the best mom i have a past where i was beat by a ex and i had to give up two children many years ago because me and the social workers were afraid for there life at that time i couldnt protect them and it was best to terminate my rights and adopt them out it hurt badly but i wanted them to be safe and they werent safe with me he kept getting to me and beating me in public any where he could he left me alone after the kids were adopted i got my life together i had emma 4 years later and i had two other children social workers checked in on them and said i was a good mother and that they felt like i could protect them i had a good husband and i got away from the abuser so all was good but emmas father says if dna says hes the father he will use that against me i am a good mother i worked very hard to change who i use to be and my kids love me i cant loose them what should i do should i not file for child support or should i file and try and fight him in court ??????


Jodi - posted on 09/28/2015




He has the right to file for full custody. However, it is highly unlikely he would get it. However, the courts MAY give him some level of visitation, and you have indicated that you are not against that. It won't look good for him if her hasn't attempted to see her in 5 years, and then all of a sudden files as soon as you ask for child support. But it also isn't great that your husband, who is NOT the biological parent, signed the birth certificate - in some places, that is fraud. In order to claim child support, you are now going to have to have him removed from the birth certificate as the father, so that wasn't a great choice.

At this point, you probably should seek legal advice.

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