If the father of your unborn child has been making threats regarding custody and child support what rights does he have?
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
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.
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.
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…
In Texas if the mother has custody of the children and goes to prison does the father still have to pay child support?
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…
It depends on what you call threats. And, it is unclear what you mean by your question. If he threatens to inform the court about an environment that is not healthy for the child, that is his right. If he threatens to harm her or her property due to the adversarial situation, that's is illegal and he could be sanctioned. The court would not view that kind of behavior to be in the best interest…
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.
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…
She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court. She could if there has been no court orders regarding paternity and custody. However, she may find herself in trouble if the father decides to pursue the case in court. She could if there has been no court orders regarding paternity and custody. However, she…
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 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.
No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is established the father can petition for custody and/or visitation and the court can prepare a child support order as necessary if the mother retains sole physical custody. No. A child is no one's property. An unmarried mother has sole custody until the father establishes his paternity in court. Once paternity is…
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.
If the child lives with father but the mother received custody in the divorce does father still pay the mother child support?
If I have joint custody with me as primary parent with child support in New Mexico and father moved to California without paying or visiting can I get full custody?
As your husband left you all in New Mexico and went to California without paying the money or even bothering to visit the children and as you ar ethe primary parent you can claim full custody of them. IMPROVED ANSWER: You MUST contact the court to request this. Only the court has the power to order the change to the custody award. Given the circumstances it is quite possible you may be awarded full custody…
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?
Under Wisconsin law, an unmarried mother has sole legal custody until a court enters other orders. An unmarried father must take the necessary steps to establish his paternity legally. Once he has established his paternity he can petition for custody rights and visitations and child support guidelines can be enforced.
If the father has custody but the mother raises the child can the mother get partial custody of the child?
No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity in court via a DNA test. Once established he can petition for custody and/or visitation. He will also be subject to a child support order if he mother is to retain physical custody. No. An unmarried mother has legal custody of her child in the United States. An unmarried father must establish his paternity…
Filing for child support has no bearing on the issue of custody. Custody is decided on the basis of the welfare of the child. To get custody of a child, the father would have to demonstrate that he would do a better job as parent. I will add that even if you do need financial assistance, that does not in any way suggest that you are not a good mother. Those are separate issues.
There is no law regarding a father showing his children court papers. However, if the intent is to alienate the child against the other parent it can affect custody and visitation rights if brought to the court's attention. There is no law regarding a father showing his children court papers. However, if the intent is to alienate the child against the other parent it can affect custody and visitation rights if brought to the court's…
The father would file for a visitation order, not child support. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he can establish his paternity through a DNA test. A paternity test…
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for…
Can a mother take her kids out of state away from their father if he is not on the birth certificate?
Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued. Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued. Yes, if the parents are not married, there has been no determination of paternity and no court orders regarding custody have been issued. Yes, if the parents are not…