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It is unlikely the child's father could get custody since generally, he must provide evidence that you are an unfit mother in order to obtain a ruling in his favor. Some fathers threaten to "get custody" in order to discourage the mother from pursuing child support. It's an old trick meant to intimidate and control.

Just keep being a good parent. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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12y ago
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13y ago

Once he has established parental rights. and has prepared a case with a preponderance of evidence to back him up. Consider Joint Physical or Bird Nest Custody. See related links below.

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Q: Can dad get custody even if he does not ever see your son and only pays child support because it is court ordered?
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Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see 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.


Is it permissable for a school to deny a parent access to a minor child when there is no custody issues in play?

Not if the parents are married. If not, the mother has sole custody and control in at states, the father has no parental rights, until court ordered, even if paying child support. see links below


Can a parent that is behind in child support get joint custody of a child whos mother already has full legal custody?

Certainly some evidence of responsibility (ie paying child support, job, time spent with the child) would help your case. Joint custody, however, is not just for the purpose of reducing child support; infact the child support you pay is nowhere near what it costs to raise a child. Consider the ramifications of your sharing custody--what is in the best interests of the child??


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.

Related questions

Can you gain sole custody of a child by receiving child support?

Depends on circumstances. A single mother has a presumption of sole custody at the time of the birth of the child. Where married parents are separated, there is a presumption of joint physical custody whether or not support is ordered.


Can dad change custody order to an equal shared parental responsibility and pay no child support?

The child support amount would depend on the difference in income. Even sole custody fathers are ordered to pay child support.


In ms can mother be awarded child support with joint physical custody?

Even sole custody fathers can be ordered to pay child support, when they earn more than the mother. see links


If you are a teen parent can you still collect child support?

Yes, either from the other teen parent, or the teen's parents, which can be either the teen mother or father, depending on which has court ordered custody. Child support may not be ordered if the teen parent has joint physical custody, which is best for the child.


What is child support?

Child support is court-ordered financial support paid by one parent to the other who has custody of the children, after the parties are separated or divorced, or when the parties were not married.


Do you still have to pay child support if you have joint physical and legal custody of your child in MS?

If it's ordered by the court, yes.


Judge wouldn't fix incorrect child support ordered what next?

Wait two years and modify. An incorrect amount is interpretive, as sole custody father are still ordered to pay child support.


What legal right do have if the mother is receiving child support for a child that is not in her care?

If you are the father, file for custody. As for the child support, until custody is decided, request the payment be sent to whomever has the child, plus that the mother be ordered to pay. see links below


What if a judge messes up the amount of child support?

Depends on your interpretation of messes up. Child support guidelines are not mandatory. Sold custody fathers are still ordered to pay child support.


Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see link below


Can a non custodial parent stop paying court ordered child support when the child moves in with them without going to court to change the custody?

No. The NCP must return to court to get legal custody and terminate the support order.


Can father get custody if he does not pay court ordered child support?

Support and custody are two different issues. While it doesn't bode favorably as far as custody is concerned if the parent is a deadbeat, it doesn't automatically preclude them from obtaining custody if they can prove that in doing so, it would be in the best interests of the child.