Custody
Children and the Law
Child Support

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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2015-07-16 19:31:12
2015-07-16 19:31:12

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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Related Questions


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.

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

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.

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.

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.

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.

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

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

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

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.

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.

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

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.

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.

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.

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

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.

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

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.

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 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 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 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.

Yes, as long as you have custody of the child/children. Just as the mother can choose for the father to PAY child support.

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 of the child. As for threats of harm:Will threatening the mother help the father to obtain custody in a court action? No.If a father attempting to obtain custody of his child threatens the mother could that hurt his chances of obtaining custody? Yes.The mother should try to document the threats and bering them to the attention of the court. She should be represented by an attorney who specializes in custody issues. At the hearing for custody, she should be prepared to detail the threats calmly, describe them clearly and testify only to the facts with no embellishments.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 of the child. As for threats of harm:Will threatening the mother help the father to obtain custody in a court action? No.If a father attempting to obtain custody of his child threatens the mother could that hurt his chances of obtaining custody? Yes.The mother should try to document the threats and bering them to the attention of the court. She should be represented by an attorney who specializes in custody issues. At the hearing for custody, she should be prepared to detail the threats calmly, describe them clearly and testify only to the facts with no embellishments.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 of the child. As for threats of harm:Will threatening the mother help the father to obtain custody in a court action? No.If a father attempting to obtain custody of his child threatens the mother could that hurt his chances of obtaining custody? Yes.The mother should try to document the threats and bering them to the attention of the court. She should be represented by an attorney who specializes in custody issues. At the hearing for custody, she should be prepared to detail the threats calmly, describe them clearly and testify only to the facts with no embellishments.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 of the child. As for threats of harm:Will threatening the mother help the father to obtain custody in a court action? No.If a father attempting to obtain custody of his child threatens the mother could that hurt his chances of obtaining custody? Yes.The mother should try to document the threats and bering them to the attention of the court. She should be represented by an attorney who specializes in custody issues. At the hearing for custody, she should be prepared to detail the threats calmly, describe them clearly and testify only to the facts with no embellishments.

Yes, as long as the legal custody schedule is changed, child support can also be adjusted.


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