Can her dad put me on child support and take my daughter?
Q) My daughter is 3 and I’ve been supporting her alone since she was born her dad has bought pampers and wipes here and there but hardly enough to say he truly supports her. When i decided to look into placing him on child support i was told a few things:
1) if i don’t put him on child support he can put me on it and take my daughter
2) that if i put him on child support i would have to let her do over night visits with him(which isn’t a huge issue but i still want to know about that)
3) that because I’m currently not working and had to move back in with my mom (we do have a stable) he would be able to take her because he has his own place. but he does not have a legit job he gets paid under the table, but he does have his own 2 bedroom home.
4) I’ve been told that because he has 2 other kids and one more on the way that the judges wouldn’t allow him to take my daughter.
so with that being said I’m asking: can he really put me on child support and take her if i don’t put him on child support, and 2)can he really get custody of her if i file for child support and am not working and staying with my mother, even if the living arrangement is stable and more than meets out needs?3) what’s the likely hood the would award him overnight visits? and lastly 4) does him having other kids (one that does stay with him)does that really make him in-eligible to take full custody of my daughter? thanks in advance for your help and answers
A) I can provide some general information about child support and custody laws, but please keep in mind that the laws can vary by state and that the specific details of your situation can have a significant impact on how the laws apply. It’s always a good idea to consult with a qualified family law attorney who can provide advice specific to your situation.
Regarding your questions:
- If you do not put the father of your child on child support, he can still seek custody or visitation rights through the courts. However, the fact that he has not been supporting the child financially may work against him in a custody determination, and he would still have to meet the legal requirements for obtaining custody or visitation.
- Generally, custody determinations are made based on the best interests of the child, which takes into account a variety of factors including the child’s relationship with each parent, the stability of the living arrangements, and the ability of each parent to provide for the child’s physical and emotional needs. The fact that you are currently living with your mother and not working may be considered by the court, but it is not necessarily dispositive. It’s important to note that child support and custody determinations are separate legal issues and that the outcome of one does not necessarily dictate the outcome of the other.
- Whether the court would award overnight visits to the father would depend on the specific circumstances of your case. If there are concerns about the father’s ability to care for the child, or if overnight visits would not be in the child’s best interests, the court may limit or deny such visits. Ultimately, the decision would be based on what is in the child’s best interests.
- The fact that the father has other children may be considered by the court in a custody determination, but it does not necessarily mean that he is ineligible for custody. Again, the court would make a determination based on the best interests of the child, taking into account all relevant factors.
In general, it’s important to remember that child support and custody determinations are complex legal issues that can be influenced by many different factors. It’s always a good idea to seek the advice of a qualified family law attorney who can provide guidance specific to your situation.