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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 a "joint custody" state so if you are going to put his name on the birth certificate, he automatically has at the very least visitation rights. They make you write up a parenting plan which is good for a year and unless you can prove somehow that he is unfit, he can then ask for more time/rights/accessibility.

I was smart enough to get a restraining order against him, which does give me some leverage, but i don't know if he's actually planning on following through with his 'threats' of fighting me for custody, etc. because he's such a shifty, cheating liar. So, if you can, find out for sure if he is going to fight you, and make sure to try to document everything he says because you can always use it in court. I tried to demand he only speak to me if a third party was present (but if the father youre speaking of is anything like mine he will refuse because he knows it'll only make him look bad).

What I've had to resort to now, since the rest has failed me, is hope that he'll slip up and ruin things for himself. I'm going to write up as strict a parenting plan as possible and hope that the courts will accept it, and maybe he'll be intimidated by it. But what it mostly comes down to is that you have to do what you think is best for the child.

Mostly, 'The Right to Remain Silent'. You're being harassed... threatened... emotionally abused. He would have to prove he is the father before even thinking about any 'rights'. Once that's done to everyone's satisfaction, He's responsible for child support, whether or not he has any visitation or custody rights. 'Deadbeat Dads' can wind up doing hard time in many states. First and foremost, protect yourself- and your baby. Call the police; Get a restraining order.

Why do persons always assume the dad is "deadbeat?" Perhaps the father in question here is concerned for this unborn child's welfare and it is the mother that has issues, hence him making "threats regarding custody."

look at the facts, for the most part the only parent being unwilling to look at the welfare of the child and not selfishly at their own well being or how they can hurt the other parent is the dad. it's just a fact. stats don't lie

ANSWERI teach fathers how to prepare for a custody challenge with what is always a "Gatekeeper Mom". In 100% of the cases, any expression of desire for custody rights has been perceived as a threat to the mother's well being. I also teach them when and how to record conversations, so I heard the evidence.

Gatekeeper mothers perceive any attempt to reduce their total control as a threat. Claims of being a bad or abusive father outnumber the stars in the sky. In 60% of these cases, when fathers file for custody, they are accused of child sexual abuse. In nearly 100% of the cases, claims of domestic violence, or fear of violence, is made. The claim can be made that something happened up to two years prior to the custody filing, with no evidence required. Restraining orders are easy to get and judges who require proof can face possible dismissal from the bench.

The best example was in the news. Colleen Nestler of Santa Fe, NM was given a restraining order due to the man sending her unwanted messages by way of nearly 45 minute long video recordings. She was not asked to produce the recordings as evidence.

It cost David Letterman over $10,000 in attorney fees to get the order set aside.

In a local case, after the father filed for custody, the mother filed for a restraining order claiming that in five months previous he had shot out her car windows than called her later to brag about it. She had the police report to prove it. He had called her that night, as he had a recording of it. It was to talk to his daughter. After hanging up, the house phone was destroyed.

A tree branch had crashed through the roof, penetrating all the way to the basement. As he did with all his daily activities, he kept a daily journal, so he knew who to call as witnesses. His custody challenge was denied because at the time, under the VAWA, judges were not allowed to consider whether a domestic violence claim was true or not.

I have seen thousands of these in 21 years. If the man is the victim, he can still be accused. A good example of that is at the link below.

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โˆ™ 2015-07-16 19:31:12
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Q: If the father of your unborn child has been making threats regarding custody and child support what rights does he have?
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If I have custody of my child and don't receive child support and I allow my child to go live with his father is he entitled to child support?

He may be. It will be determined by a court if he decides to take it up with the state. If you have custody, was there a stipulation regarding child support? If there was a divorce agreement it may state the stipulations regarding support and custody. If the custodial parent is giving up physical custody of the child to the previously non-custodial parent then child support may be changed.


What are the father's rights if he pays child support and has joint legal custody?

A father with joint legal custody has the right to be included in all important decisions regarding his child. He also has a right to a visitation schedule that must be followed by the custodial parent.


In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?

Yes, if the father is not given custody he will be obligated to keep paying support to whomever the court awards custody or guardianship of the children.


Can a father win custody if he is behind in child support?

In Alabama custody and visitation have nothing to do with child support. Not sure about other states.


If a 15-year-old moves to California to live with her mother after living with her 11-year-old brother and father for 4 years in Washington and her brother stays in WA how does child support work?

If your father was given total custody of you and your brother then he could go to court to get you back. However, (and you would have to ask your mother this) if your mother and father have joint custody (such as you or your brother seeing your mother on spring break or other holidays) then child support would continue as was instructed by the courts. If your father had total custody and your mother never saw you, then she could file for partial child support. I know it's confusing, but simply put, if your father doesn't pay your mother child support she should see at least Child Welfare regarding this matter and your father should be paying her some child support regarding you. Good luck hon Marcy


How can a father avoid paying child support if the grandmother gets custody?

My answer to that would be 'No'. The father is responsible for providing child-support regardless of who has custody of the child; at least until the age of 18.


How does joint custody affect child support in Georgia?

It depends on who has physical custody. Often the parents have joint legal custody, the mother has physical custody and the father has a visitation schedule. In that case she will receive child support. If the child will split time between the parents the state has a formula in the child support guidelines. You can find various websites that provide information regarding Georgia Child Support Guidelines by performing an online search using that phrase. See related link.It depends on who has physical custody. Often the parents have joint legal custody, the mother has physical custody and the father has a visitation schedule. In that case she will receive child support. If the child will split time between the parents the state has a formula in the child support guidelines. You can find various websites that provide information regarding Georgia Child Support Guidelines by performing an online search using that phrase. See related link.It depends on who has physical custody. Often the parents have joint legal custody, the mother has physical custody and the father has a visitation schedule. In that case she will receive child support. If the child will split time between the parents the state has a formula in the child support guidelines. You can find various websites that provide information regarding Georgia Child Support Guidelines by performing an online search using that phrase. See related link.It depends on who has physical custody. Often the parents have joint legal custody, the mother has physical custody and the father has a visitation schedule. In that case she will receive child support. If the child will split time between the parents the state has a formula in the child support guidelines. You can find various websites that provide information regarding Georgia Child Support Guidelines by performing an online search using that phrase. See related link.


Does a father have to pay child support when he loses custody?

yes


Can a father of a child sue for child support if he does not have custody of that child?

Of course not. Child support payments are paid over to the parent with legal physical custody.


If my child father is deceased and I don't have full custody of our kids do I have to pay child support?

You may have to pay child support to the one who has custody of your children.


If the father has visitation rights and has not seen the child can you get full custody and receive child support?

How does he have any visitation rights with a custody and child support order?


If custody is given up do you have to pay child support?

If you're the father


Im the father and you live in IL The mother lives in TX your son lives with you If you have joint custody but you have residential custody can you the father still get child support?

yes


May the father of the child waive child support arrears if they both have joint custody but father has physical custody and mother has child for summer and holidays?

No. If there's a court order against the father, which resulted in any kind of arrears, the father is still responsible for it. Arrears are paid and there's no statute of limitations on it, as well as, any support and/or custody modifications.


If the father does not pay child support for more then a year can the mother get full custody or can she get the father's parental rights revoked?

Yes as the father has become a defaulter then the mother can get full custody and have the parental rights of the father revoked.


Does a father have to pay child support?

If he doesn't have physical custody then generally he must pay child support.


Who has custody when both of the parents names are on the birth certificate?

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Once paternity is established in court, the father can request visitations or custody through the court. If the mother retains physical custody she can request that the court issue a child support order. If the father gets physical custody he can request a child support order.


Can a father refuse custody of his kids?

Yes he can. The court will award full custody to the mother or to a legal guardian if necessary. However, the father will be required to pay child support.


Does the father still pay child support if the mother voluntarily gives custody to someone else?

No, if the mother voluntarily gives cutody to someone else, she can no longer be paid child support because she no longer has custody of the child. What happens now is the father can obtain custody because he does have rights or the person who has custody and have legal guardianship can file for assistance in which child support can be included or filed.


Should a father ask for child support first?

The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.The parent who will have physical custody is the parent who can request child support.


Does the father of a child have to pay support if the mother does not work?

Yes the father would still have to pay child support if he did not have custody of the child and the mother did not work.


Does the mother have sole custody at birth if the father's name is on the birth certificate?

The mother has sole custody if the parents are not married and there are no court orders regarding custody. A father who wishes to have parental rights must have his paternity established through the court.


What can you do if the father is paying child support and he has the kids?

If he has them and refuses to return them you can call the police. If you want him to have legal physical custody the both of you need to go back to court and have the custody order modified and the father's child support order terminated.


If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?

If the divorce ordered the father to pay support, he owes that support until/unless the order is modified.


What happens to the child support payments when the mother of the child dies and the father has legal joint custody?

Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.Presumably the father will take full custody of the child and he should notify the court of the death so the child support order can be terminated.

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