Child custody question...?

Question

i got served yesterday with an application from my child's father that he wants guardianship and visitation. i agreed to some of what he wants but not to some of it. and i was told by someone that i should obtain sole custody with visitation to her father. I'm wanting some feed back from anyone who has done this and do you think it is necessary?

My daughter is 5.5 he only met her when she was three and has seen her 5 different times since then. i do not believe he is the one wanting this i think it all has to do with his new wife, she has shown and proven that she is extremely jealous of me. ( other people have even told me this) she has asked my daughter to call her mom, when i boycotted that she now refers to herself has step mommy. I have never not let them see her, so i am not sure why they are taking this to court.

they never make there child support on time its always late, he denied her for the first three years. im really baffled at all of this.

Any advice please

Answer 1

I understand your situation.  The best thing to do is to retain an attorney,asap.  He denied your child at birth by not signing the birth certificate.  I would think this denies his rights to your daughter.  

When this goes to court, the judge will order a paternity test, if this was not done in the past.  Not that you have any doubt about who the father is, but to validate to the court, that he is the father.  He will be then responsible for providing to the court with his ridiculous reasons as to why he has been a "convenient father" i.e.,(when he wants to see your daughter and when he falls off the face ot the earth and then appears again) for all this 5.5 years.  

He will be reliable for arrears in child support.  You should request a wage attachment from his employer.  Absolutely, demand  a "wage execution" and hopefully these "hit or miss" cs payments will cease, particularly, if he has a permanent full time job.  Your daughter has needs all the time, not just when he feels like giving you some money.

I think it is a good move for you to file for sole custody.  Maybe, also in your petition, you should ask for supervised parenting time/visitation, due to the lack of relationship and familiarity with your daughter and the father and his wife.  

I do advise strongly that you get an attorney, so that you can be represented properly to fight for you and your daughter.  Your attorney can think of other things that will be beneficial to your case.  If you do go to court not represented, you may become very frustrated and disappointed by the ruling.  Especially, if he brings an attorney to court.  Fight fire with fire. Good luck.

Answer 2

The new wife is causing this problem and it's just aimed at getting something you want taken away and causing you pain.

Call a lawyer and see what they advise you to do. There are some legal aid places where you can ask a question or two for free.

Answer 3

Kudos to you, whatever you do never talk bad about the father. You should ask for full custody with visitation. However, leave his wife out of it. I am going through the same exact thing with my son. I know my ex's wife has a lot to do with our situation, but I completely ignore her because I did not have my son with her period. Everyone is different, so do what's best for your situation.

Answer 4

It could be about the child support. If he gets custody or shared custody he would have to pay less/no child support. My deadbeat ex would not sign divorce papers w/out me agreeing to joint custody so there was no support ordered!

Of course it very well could be his wifey. Anything to make your life miserable. I'd be leary and seek legal advise from someone who is an expert at such things.

Best wishes to ya.  

Answer 5

I dunno how to quite answer that. I know that when my parents were divorced I was glad to see my dad. I have a strong relationship with him currently. I would let the child visit her father, just to see if any relationship can form. If it becomes a problem you can probably change it.  

Answer 6

When you were pregnant has nothing to do with your situation.  You have been taking care of your daughter since birth and he has not been there.  If you give him guardianship then that means he can then get off of child support and then have you start paying.  You don't want that for what?  You tell the judge that you love your daughter and being with you is the best thing she could have in her life.  You have no problem with her father and his new wife coming to get her on the weekends or every other weekend which ever, but you do not want your baby girl removed from your household.  Make sure you express the fact that you love her because that is the key word in kids custody battles.  Good luck!