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Child Support

~13900 answered questions
Parent Category: Children and the Law
Get help here on any issues around payment and non-payment of child support. Custody and visitation rights issues are legally separate from support and have their own topic. Be advised that many answers here apply only to the United States and may not apply anywhere else.
Adopting From Another Country Some aspects are easier than domestic adoptions, others are harder. It depends on what country you are adopting from. It is helpful to use an agency familiar with both the country you are adopting from AND your state.
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If you are the biological parent then you must support your child until they reach eighteen years of age. There are very few ways to avoid your responsibility. Consider the following. If you don't have an income source you could petition the court for a temporary modification of the support order…
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ANSWER It is nearly impossible to do because usually men don't think to contest paternity, (she said I was the dad, she wouldn't lie), or they are unaware of the action against them and the time limit in which to contest paternity has passed. Even with about one third of kids having DNA tests turni…
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Answer He can request that his twin take a paternity test. If he refuses, he can always petition the court for one to be ordered. Fraternal twins do not have identical DNA, so a paternity test, would be accurate. IMO, the welfare of the child should be considered above everything else. Answer …
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If you are asking about when the child has reached the legal age for child support to end, either 18 or in the case of ordered college support and the "child" has graduated or dropped out, you can simply contact the court that has jurisdiction and they can close the case. The laws vary in different …
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I haven't heard of anything. I would think it would be Unconstitutinal - right to move about freely in the USA. Click here for a link to the State's Family Law Code www.SteveShorr.com/family.law.htm in have a friend who's custody in southerna California includes that neither can travel outside o…
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Opinions from Contributors:Opinion You must reinforce the concept that they are not entitled to do whatever they want to do and whatever they want to have.Know where they are at all times. If they say they will be at a friend's house call to check in with their parents. At this age, they are frequen…
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Some states will allow a biological parent to relinquish parental rights in situations other than adoption proceedings. However, relinquishment of parental rights WILL NOT release the petitioning parent from financial support unless the child is officially adopted. Financial support in most cases in…
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First, you can get him to sign a termination of parental right. If he refuses, then I would suggest you prove that he is unfit. You can petition friends, family and neighbors who know him and can back up your claim.
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Yes, the father does have to pay child support married or not. As long as you ARE the father. The only other way around it is signing your legal rights away to the child. But I don't advise doing that.If the father is ordered to pay child support by the court, then that order stands until the child …
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Yes, all parents are responsible for the financial support of their children. The mother can and should petition the court at any time for a child support order. "Helping" is not considered paying child support which is a weekly obligation that the parent with physical custody can depend upon and fi…
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If the father had every right to see his child and nothing was stopping him from doing so and he hasn't paid one penny of child support then he is classified as an absentee father. In most cases (other than prison terms or serving in the armed forces) he has no rights. Since you want to change the c…
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%REPLIES% Answer Probably not. If the person owes a considerable amount to the state for the care of a child there might be a way to recover funds. Those woiuld go to the state itself, and not the custodia parent. It is not likely however, unless the person has major assets that could be seize…
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Joint Custody and Child Support Joint legal custody has no effect on child support. With joint physical custody there is still a payment of child support from the higher income parent to the lower income parent, usually determined by a sliding scale based on time with each parent (procedures vary am…
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There is a great degree of variation among states. Joint legal custody is routine in some states, but joint physical custody is not, and the factors considered by the court for joint physical custody vary significantly among states. Anyone considering joint custody should contact a local attorney re…
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It goes by a % of the father's monthy income, I believe it's around 25% for the first child, and 17% for the second. Like, if a man makes about $900 a month he will pay about $250 a month. If you have 50/50 joint custody there shouldn't be any child support payments, just the 50/50 shared expenses …
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By law, you must both go up to the location where they will issue a passport and both parents must sign a statement saying it is okay. If you have documentation that shows you are the custodial parent, you can have your child "red flagged" with the government and this way if he were to try to get a …
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In the state of Georgia, both parents income is considered in determining child support. If Dad must pay CS, his spouse's income is calculated in determing amount to be paid.  From what I know, it is only the father's income that matters. Your income shouldn't matter at all. But if the court d…
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Yes. The only way to stop visitation is for the court modify the original ruling, but they will need strong evidence that it would be detrimental to the child to continue going to visit the other parent. If the child is refusing to go, the first thing you should do is to find out why your child doe…
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If there is an order through the courts for you to pay child support...then you must pay child support! If circumstances have changed since the last order was made by the court, you need to go back to court and have the support and custody orders modified. If you just don't want to pay child suppor…
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Custodial Issues Anything is possible if it is in the "best interests of the Child," and both parents are cooperating to ensure this is the result. In Britain if you are an unmarried mother you may confer "Parental Responsibility" on to your partner, if he wishes to assume it. Joint custod…
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I have a child from an abusive father and I talked with the lawyer, I know that if he doesn't pay child support for a year you could take away his rights, and if you have any proof of him being abusive to you in front of the kids or to the kids, TAKE HIM TO COURT! The court may not take all his righ…
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: Document incidents miticulouly on paper and preferrably have credible witnesses present at the time the exchange is supposed to occur. Unless you are certain the child is in immediate physical danger, do not involve law enforcement in the presence of the child/children. After compiling documentat…
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A certified letter must be sent to either parent requesting the travel. Information must include dates of travel and the purpose of travel. EX: taking cruise vacation, 4-11-2009 thru 4-18-09. Child will return to residence on ending date. The recipient must respond within 30 days. However, either pa…
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Yes. That's why judges are reluctant to grant joint custody to parents who have a contentious relationship. It is common for one parent to object to such issues as a way to maintain control over the other parent and to continue the strife that led to the divorce. The child should not suffer. If the …
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You can prevent the other parent from see the kids.First of all How old are they? If they are 12 or close, they probably can decide through mediation if they want to see the non-custodial parent. You have to take him to court and change the current orders. You will be given a mediation date first. I…
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Support and Custody are separate. So yes if you are behind on child support you can still petition the court for joint legal custody. You would need to show some significant change in circumstances from when the current custody order was entered. You will also have to explain your failure to pay cou…
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The child cannot opt out in most jurisdictions until they reach eighteen years of age. If the non-custodial parent has court ordered visitation and the child does not go for those visits, then the custodial parent can be held in contempt of court. If there is a legitimate reason why the child does n…
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Paying Child SupportA spouse regardless of gender is not legally obligated to support the biological children of the new spouse's previous marriages or relationships. But obviously if the children live with the parent and stepparent it will be a shared commitment.The salary or assets of the "innocen…
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I have custody of my ten year old daughter and am living in Edmond, Oklahoma. My ex lives in Tulsa, OK. I have lived in Edmond for seven years now. The current custody arrangement has been in place for five years. I have received a job offer in Colorado. I would like to move but do not want to risk …
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Answer Primary physical custody refers to the parent with whom the child resides with the majority of the time but, joint custody has been granted. Sole custody is when the child resides solely with the named parent giving that parent the legal right to make all decisions (medical, educational, …
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Is the parent assisting with child support through a court order? Go that route first. Money does matter when raising kiddos. (If the parent still refuses to make contact or speak to the kids, who cares about them? The children may be better off without this loser in their life!) Right now I am goi…
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Sure, it could be positive and I'm sure the courts would enforce visitation for more details visit family law. This could really hurt a child. Why after say a year or 2 or 5 even should the other parent start coming around? If they really wanted to see their child they should have a long time ag…
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It depends on what the activity is, which parent has legal custody, existing court orders, good judgment, safety, a whole host of factors. The parents should discuss the issue and come to an agreement. If it's a dangerous activity that results in damages and costs then the answer may be yes. The sit…
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Best Interests of the children. Are you talking about physical custody or legal custody? Visitation schedule?Hopefully the parents can work it out in concilation court.for more details see steveshorr.comANSWER:: my parents are divorced and live three hours away from each other and have joint custody…
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The welfare of the child should be the main issue. The best parent or maybe both paremts should have custody. Who is to say that one parent is better than the other with out prove of child abuse. During custody battles, the parents are so wrapped up in themselves that the children are not actually c…
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What does the legal paperwork state? If you are legally bound to request permission from the other, then I would follow that before taking the vacation. Parents who are sharing their time respectively with the child should also provide optional visitation times if the vacation takes any of the visit…
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This would be a change of circumstances. What are the best interests of the child? If the father wants to contest it - I think he has a good case.   Yeah it definitely deals with a modification of a custody arrangement. I believe that the death of one parent would enough to satisfy a material…
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Yes. The best interests of the children would be the court's focus.
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Absolutely NOT. The Division of Child Support Enforcement, does not arrange custody nor visitation. I had a child support order, the father and I were never married, and while the support papers clearly stated custodial, Non custodial, it didn't not mean that either had legal custody. Until you go t…
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That depends very much on the maturity of the kids. It's always a crapshoot wondering how the kids will turn out. The only constants are: -Always let them know that the parents divorced each other, but neither one divorced the kids. -Never use the kids to 'get back at' your ex... even if she does. D…
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It would be very difficult to find a judge would would grant custody to someone with no means to take care of the children. The father could reapply for custody at a later date if he improves his situation.
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the unwed mother doesnt automatically get sole custody in all states... the state I'm in it is a "joint custody" state so if you put the father on the birth certificate then he will get rights to the child as well, it highly depends on the states law. You'll generally have primary custody unless the…
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I believe this is more of a question concerning the rules of the school district. If their primary residence is not with you. You would need permission from the Supervisor of the school district you reside in, for your children to attend.   As a divorced mom, with 2 children, I know that if y…
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If this is really going on , the court is there to protect the child. I am sure they are going to want to interview the child because it will be your word against the fathers. Obviously the court would not want the child to be endangered in any way.
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Child support is normally calculated for the entire year based on a formula that already takes into account the parenting time the non-custodial parent and then is spread across the entire year. So the non-custodial parent has already received a credit for those three months of parenting time. This…
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having primary custody means you are the custodial parent because you have the child for the majority of the time, (meaning more than 50%)in support court that helps alot, since you have the child the majority of the time(more than 50%) that makes you the custodial parent and you have the right to r…
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I've sat in the courtroom and watched parents arguing over that very issue. I myself took my X to court to have her ORDERED to sign Navy ROTC forms, as the Navy required BOTH signatures.For more info. see www.steveshorr.com/custody.htm
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Check with the County who has juristiction, but I did it.... It might depend on the ability to transfer the child/children to and from each of their homes.. I divorced in the Las Vegas, Nevada in 2001. Since I got divorced in Clark County, NV, and we lived there for 6 weeks prior to divorce, Clark C…
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In some states, the courts will not allow you to "sign over your rights" unless it is for the purpose of adoption. If someone is adopting the child, signing a consent for the adoption will end all obligations but will not wipe out any child support arrearage. That means signing some type of agreemen…
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There is no standard. The policies vary from state to state and from jurisdiction to jurisdiction. There are no universal standards in family law. See the discussion page for some examples from various jurisdictions.
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Only if YOUR parents agree to it. I know that this is a really hard time (because I've been through it), and maybe you don't want to "choose sides" by choosing who to live with, but staying with one of your parents is probably the best scenario. If you really don't care which parent you want to live…
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This is an issue which should have been addressed in the original support agreement. If there is no stipulation as to how support should be administered when the children are with you. You are still obligated. You can however, have the order modified to read, that when you have physical custody the …
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Is there a restraining order in effect against you? What is the reason your sister gives for not allowing you to see your father? Is he able to make decisions for himself or is she his legal guardian? All these questions play a part in your situation. She can keep you from coming to her home, as tha…
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It depends on what state you are in. The state determines how child support is calculated. Now, if you each have 50% residential time with the child, then no support may be due, however, if the child lives primarily with one parent, then the parent that the child is not living with is required to pa…
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Has the child's mother exercised visitation? If so, I would strongly discourage you from trying to get sole custody -- unless it is in the best interest of the child. If the mother is doing drugs or putting the child at risk in some other way, then it will not be hard to obtain full custody if you c…
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If there is a court order in place requiring you to pay support the answer is obviously..Yes. If the children have been removed by CFS or whatever it is called in your state. You will be notified at the hearing as to your financial obligations. There is always a Family Court hearing whenever childre…
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Any time a parent releases custodial rights it must be done through the Family Court. If this other man is the child's step parent then Dad can voluntarily terminate his parental rights through the court and then step dad can adopt the child. But Dad can't just sign his rights over to any other man.…
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Probably not, I tried. For more information see CA Family Law Code 7822 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7820-7829If you want the Case Law - send me an email - www.steveshorr.com7822. (a) A proceeding under this part may be brought where the ch…
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Visitation Denial Part of the problem with getting visitation enforced is knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge. Always take people with you to court who are not there to testify. Make sure they are sitting where…
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They can't simply "give the child to you." You need to return to the court and have the custody order modified so you'll have legal custody. It will go easier if the current custodial parent consents to the modification. At that time the current support order should be terminated and you can reques…
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Family Court when deciding issues such as child support, takes many factors into consideration. Where the child(ren) live for the majority of the time. Which parent has the largest expendable income. How joint custody is set up. For instance, if the child(ren) live with you during the school year. B…
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I live in Ohio and I do believe the child in question must live with the parent MORE than 50% of the year for that particular parent to be "the Residential Parent". In my case, it was described in the Divorce Decree that I was to be the sole custodian and residential parent.If you need further info,…
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In most states you do. There are forms you can find online and have both the father and the mother sign them in front of a notary. I have done it in my case just as a safety measure.
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IF Months go by, and you havn't heard anything from the father, they really seem more interested in YOU then your child, don't call or anything on birthdays or Holidays, and personally won't claim the child... its all a mind game,they can't afford child support, and we find ourselves kicking ourslev…
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That depends on whether it is stated in your parenting agreement as to who has the right to make religious decisions. Is it addressed? Is decision making joint? If this issue is not addressed then, yes, he/she can have the child baptised. My question to you would be...why does it really matter? If…
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The first thing you need to do is get a paternity test preferably a DNA. Even if you are positive, the court will want solid proof. Family Court is concerned with what is in the best interest of the child. And doesn't view him/her as a possession that can be "given" to anyone.   The first thi…
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the best defense is to have some physical documentation stating that you are indeed the father. once you have this get a lawyer to argue before a judge that this move would not be in the best interest of the child and due to physical constraints you would not be able to be a stable presence in the c…
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I can't imagine that it would matter. Child support, is based on the needs of the child and the economic situation of the parents. Whatever amount the court has ordered will probably stand, regardless of any custody ruling. He could ask the court to modify the order. But unless there has been a dras…
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Unless you have a very rare last name (not a Johnson, Smith, etc.) and she has not put your Christian name (first name) down on that certificate there is nothing you can do. If she has, then you need to get a genetics test done to settle this once and for all and have the courts remove your name fro…
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Seven-year-olds do not make decisions as to custody, that is the responsibility of the judge. A child of that age might be asked his opinion, especially if he has been reluctant in the past to visit his father (to rule out child abuse, etc.) but it is more likely the judge will be able to make a dec…
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If a parent wishes to relinquish custodial rights it must be done through the court. Actions such as described obviously can happen, but threats and intimidation of anyone (especially children) is not advisable and certainly not acceptable. The welfare of the child is what is important. The custodia…
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First of all how many children? This will play a big role in determining. As long as there are adequate sleeping arrangements and the roomate is not detrimental to the child's well-being, there is no reason you would be denied joint custody.
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I HAVE PRIMARY PHYSICAL CUSTODY OF MY DAUGHTER. SHE IS 12 & DID NOT WANT BRACES. HER FATHER DID NOT WANT HER TO HAVE BRACES EITHER. I HAD BRACES PUT ON ANYWAY. I KNOW SHE WILL APPRECIATE IT WHEN SHE IS OLDER. HER FATHER PAYS CHILD SUPPORT & IN OUR COURT ORDER IT STATES THAT HE HAS TO PAY 50%…
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It is always preferable to get legal advise when dealing with any court issues. Most attorneys offer free consultation or charge a minimal fee. If the situation is a amicable one, it's possible custody arrangements can be accomplished with the cooperation of both parties through Family Court.
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That would depend on why social services is investigating. If it is neglect, abuse or something of that nature suspected on the part of the other parent. Then you probably could justify not allowing that parent their visitation, or supervise it. However, the custody agreement is binding unless a pet…
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In most cases child support orders are enforced until the child reaches the age of majority, which in most states is 18. There are however, contributing factors in individual cases. The age may be specified in the original order, or it can be modified if the child is a student, or disabled, among ot…
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Only if the mother can prove repeatedly that the father is not responsible.   Our custody case is in FL and our lawyer told us that when my husband deploys with the military that his children can remain in our home and do not have to relocate to the mother's home for the 6 months he will not …
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The extent of a parent(s) custody rights are determined by a court order. The ideal situation is for both parents to reach a workable, amicable decision. The time that is spent with a parent does not necessarily indicate sole or joint custody.
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There are sometimes issues between parents that are "dumped" on the child. Parents should always consider what affect any confrontation will have on the children. It would be wise to let go of personal resentment and move on. In other words, do not cause more stress for a child by battling over ever…
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No she can not drop child support. But she can go and get a prosage package. That reduces the amount of money he has to pay for child support. If you don't want him to pay child support at all then why don't he pay it and you give it back to him yourself the next time you guys see each other.  …
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A person can sue for almost any reason. Whether or not it is a justifiable case is usually the question. Was there emotional and/or physical injury to the plaintiff? Was there any monetary loss? What purpose if any would litigation serve. Lawsuits are not, as a rule timely, inexpensive or even the s…
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If you were never married to the father of the child(Children) custody HAS NOT been established. You must go to court and have custody determined. My child lived with me for 5 Years. The father paid support to the state of Missouri Which I entern received, and he visited on occasion. One weekend he …
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Most courts use the best interest of the child to determine custody. If the court awarded custody to the father, it determined that living with the father is better for the child than living with the mother. In most states, you can file a new suit to modify custody after the fact. You generally have…
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I believe that the wife can take you back to court for changes in visitation scheduling. She can take you back to court for obtaining clarity on the visitation which you have been granted.
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The amount is determined by statutory child support guidelines in most jurisdictions or the department of social service in the state the child lives if the child is receiving financial support from the state.
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Yes, depending on the circumstances. Generally, the parent who has custody must be deemed unfit for the court to remove the children from their custody. You should seek advice from an attorney who specializes in custody issues in the jurisdiction where the children reside.
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You will still have to pay back if any owed. After you sign you won't have to pay anymore because all your legal rights to the child will be terminiated.   If Mom agrees to let you voluntarily terminate your parental rights, then, no, you won't have to pay child support going forward (but wil…
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Yes. With joint custody either parent can change the kids school or any major desicion. The ideal relationship you would both agree on this but reality is always different.
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In most states no matter if it is an agreed voluntary signing over the father will still have to pay child support until the child is officially adopted. I actually went through this with my ex and they told him until our daughter is adopted he will pay child support.
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No. A minor cannot be removed from the jurisdiction in which the custody was awarded, without the permission of the other parent and the Family Court. In FL our lawyer told us it is the other parents permission OR that of the family court. But that both are not necessary to move with the child. …
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That's not a very helpful, or accurate response. Sometimes there is not Mommy and Daddy. Anywho, no you cannot. Even if custody was established, the court requires the non-custodial parent to approve you leaving the state, otherwise it is considered kidnapping. Right now, involved in her life or not…
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Answer Yes, because one day difficulties will arise and then if the other parent petitions first that parent usually gets what they want. One day one of you might decide to get remarried and that will cause several disagreements. As stated by the first answer, things can arise to create diffic…
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Sadly I'm going through this exact situation right now. I'm incredibly frustrated with the state and its law (Montana) because no one seems to care that he is such a horrible man. From what everyone has told me, the bastard gets rights, no matter what I think. If you are in a state like Montana its …
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Only if he owes back child support. This can be written in the agreement that all arrears be terminated and his rights will be to the child if he signs.
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Emotionally yes, legally no. If a child support order has not been adhered to, as orderd by the court, that is a legal matter. Sadly, a parent cannot be forced to take an active part in their child's life. It's doubtful it would be in the child's best interest, if it were possible.
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Visitation and child support are two different things. Legally you can't keep your child from visiting the father on that charge. Some fathers have gotten modified change of custody orders because the mother wouldn't allow visitation.
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I am sorry to say the outcome is not good. Once you settle into a job and have proven you are trying then your chances rise considerably. You can have visitation rights of course.Time to settle down and take on that responsiblility. Doesn't sound like you are all that serious about the custody of yo…
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It's possible the courts will allow it. However, if you agree to let him to give up his parental rights, then, generally speaking, you also give up your right to pursue him for child support. You need to check the laws in your state.
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No. Courts are very concerned that children have the opportunity to spend time with both parents. Unless there are mitigating circumstances, such as proven previous abuse. Even in this scenario, the court could order supervised visitation.
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