Child's father seeking custody to avoid paying child support

vnz512

New Member
Hello! Ok, I'll try to make this as brief as possible. After 9 years I finally decided to file for child support for my son. His father has hardly helped me financially. He would always have an excuse as to why he couldn't help. And I always tried being understanding because he has a total of 5 kids with 4 different mothers and none of them live with him. He would always promise that as soon as his finances got better he would begin to help out regularly. Well that day came and went and nothing changed. So back in 2013 I first filed for child support and when he got served he again made promises to help out. So I felt sorry for him and I ended up closing the case. He helped out for 3 months straight and that's when the excuses started up again. I spoke to him and told him that if he didn't continue to keep with his responsibilities I would reopen the case and not close it. I waited a few months to see if things would change but they didn't. So fast forward to January 2015 I reopened the child support case and as soon as he received notice of the case being reopened he started threatening me that he would take custody of my son if I didn't close it. I haven't closed it. It has been 5 months and he hasn't been able to get served the child support papers because whenever they go to his house he won't open the door or tells his mother to say he doesn't live there. So now I guess the pressure is getting to him because I am not budging in closing the case he is trying to put my son against me and brainwash him. He has called Child Services on me saying I am abusive to my son and that I leave him home alone. He is doing this as a way to retaliate.He is using a domestic incident against me that occurred about a year ago between my husband and I. Child Services were called to investigate which I was told was routine when there are children. The social worker found no evidence of abuse or neglect and closed the case. Now this time that he called, a different social worker found no evidence of abuse or neglect and is closing the case with the recommendation of me seeking legal custody. Now my question is since him and I were never married I was under the assumption that I automatically have legal custody of my son. Is this not true? The father is on the birth certificate. I have not ever prevented him from spending time with our son. I have always allowed him visitation. So if I would have to seek legal custody I wouldn't want to share custody just allow visitations just like it has been since day one. What are the chances of the judge granting my requests? Thanks so much in advance I greatly appreciate it.
 
You, as the unmarried birth mother, do have all parental rights.
He is free to go to court and seek visitation, even custody, but must first establish paternity.
The court will oversee DNA testing, support, custody, and visitation.
The child is half the way to adulthood, ALL of that time in your care, custody, and control.
You have very little to worry about changing, except child support will be court ordered and collected by the state.
He might get supervised visitation for a few months, maybe a year, depends.
He won't likely get custody now, if ever.
The kid knows your you've been the provider, protector, care giver, nurturer, mother, and father.
He's been what he is, a PROLIFIC RODENT LIKE BREEDER, DEADBEAT, and grown man living with mommy.

Just ignore him, if visitation is given to him, make sure you ask the drop off points be at a police station.

Also, don't drop the child support case and don't admit to anything. You're not on trial, so the less you say, the better.
 
He has a legal right to seek custody, visitation etc of his child. If he can provide evidence that its in child's best interest to change custody then court will rule in his favor. VERY unlikely based on your post. If there is no support order then he has no obligation to pay anything. Continue your support pursuit try serving him through his job or other resources. Talk to an Attorney to see what service options you have.
 
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