Need Advice.

Shannen - posted on 11/13/2013 ( 2 moms have responded )




If I was to make my ex pay CSA for my son but he isn't on my sons birth certificate can he take me to court? & What are the chances of him getting access to my son?
His girlfriend has been harassing me for 2 years now saying he don't want to see my son, he calls him ugly etc and if he was to get access it would be to piss me off not coz he wants to see my son coz he doesn't.


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Jodi - posted on 11/13/2013




I agree with Evelyn that child support and visitation are two separate issues. He has rights even if he doesn't pay. Your child also has a right to a relationship with his father.

With regard to the child support, I believe you'd have to show proof of paternity. But that may depend on where you live.

With regard to the girlfriend, you shouldn't even have contact with her. It isn't any of her business. This is between you and him only.

Ev - posted on 11/13/2013




1) Child support and visitation do not go hand in hand. They are separate issues if that is what you are referring to.

2) Custody sets up who has primary custody and who is the non-custodial parent. Judges will give primary care to the dads not to piss off the moms but because it might be best for the child at the moment. This does not make the mom a bad person or mother. They also do a lot more joint custody.

This being said, if you take him to court for CS and he counters it for visitation or joint custody he can. It is his right. The court would pursue a paternity test and once it is established the rest would come to the forefront. Keep in mind that he can ask for things because as the father he has the same rights as you do. I would not listen to a girlfriend that has no real clue as to what this is about because she has not been in the picture as long as you two have been. She only knows what the father has told her about you and the baby. Also, be prepared to have die hard proof of things before saying he can't have full visitation and needs supervised visits. You can not tell him who he can and can not have in his home. You can not dictate other things to him that he can or can not do when he has the child outside of drinking and drugs. If you can prove there is a danger to the child with father, then the judge will look at it seriously. Please do not use your child as a pawn. The child needs a relationship with the father such as it will be whether the dad is around or not.

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