Custody Problems

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chelsey53805

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I'm gonna be very short and to the point. I just turned 18 in dec. I had my son when i was 17. He's now a year old as of feb. No one on my sons fathers side took interest until criminal charges were filed.
My sons father is a drug addict he's been on probation, countless drug rehabs, he's taken acid, cocaine, weed, its all altered his personality. My son's father didnt care that i was pregnant, after I gave birth a week later I called him and he still didnt care. When i filed for child support thats when he finally cared. He told me that he wanted him 50/50 but wouldn't take him 50/50 he just didnt want to have to pay child support. He even considered signing his rights off but thought you still had to pay child support. Then he began going to court for repeated sexual assualts of a child which was because of me. His mother and him havent talked for years since he was 13 when he moved out. After she found out he had a son she began talking to him and telling him that he should get custody, even though he truthfully doesnt want it. His mother wants my son as a replacement, honestly i dont think she cares if he sees him i think she wants him to mess up so she can take his rights. Then his mother begins threatening me telling me that if she doesnt get to have my son one day a week and every other weekend she's going to take me to court cuz she has a bunch of money saved up and when she's through with me im going to be in so much debt my heads spinning. Then his mother takes me to mediation i said 3 days a month supervised for 3 hours by me. I dont know this lady nor did i know she existed throughout our whole relationship (which lasted a little over a year, than i got pregnant then we broke up) he never once mentioned she was alive or that he had 2 sisters. His mother has called purposefully when im at work trying to tell my mother who is babysitting that i said it was ok for her to take my son although i didnt. He still doesnt work, still lives with his father, he's 28 years old and has not once made an attempt to see him. But now that his mother is talking to him again he acts like he cares and wants custody. Right now he can call to set up visitation whenever he wants as long as a lawyer is on the phone --- that was ordered in Jan. and he still hasnt done so. Now that he has to pay for a lawyer for custody (which im sure his mom is doing) and also a criminal lawyer his family wants me to pay. They want me to pay for whatever possible. Now my ex's father wants to take me to mediation. This is a child not a toy used for revenge. I have no idea how to find a lawyer to take my case probono or low income. We go back in July and I really need guidance. I've tried to be decent to these people but when I am they try to take advantage of me because I am young. I know i have missed parts but its getting long. Please assist in any way.
 
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What state are you in?

- Carl
 
I'm not sure I can be of much help, but others who post here might be able to find some references for you now that they know the state.

Questions:
Has this guy been prosecuted for a crime involving your sexual relations?

Has paternity been legally established?

Have you sought assistance through your county social services or child services/child protection agencies?

Have you contacted legal aid or social services for references to low or reduced cost legal services?

If you start calling around tomorrow, you just might find someone who can help you find some direction. Ultimately, if the father has an attorney, you're going to need one. Chances are that unless he is deemed unfit by a court (due to arrests or some other documented action) he will almost certainly have shared legal custody with you, and possibly a 50/50 split until the child is in school. All because you claim he is using drugs and all does not mean that the court will be permitted to take any of that into consideration.

Now, in MY state his actions with you would have been a felony and he could go to prison ... apparently in WI this is a misdemeanor, but CAN be a felony under certain circumstances. If he is convicted, that may play against him with regards to custody and visitation. Plus I doubt any court is going to look too kindly on a guy who is 27/28 diddling a minor at the age of 17 ... it's going to cause a wee bit of a grimace.

- Carl
 
Questions:
Has this guy been prosecuted for a crime involving your sexual relations?
Its in process now --- there is a no contact in order thats why he is to call with an lawyer on the phone bcz he has threatened before "if i ever go to jail because of you ill hunt you down and you'll be in the mississippi"
Has paternity been legally established?
the tests have been done --- after the tests said he was the father he said some bs about how since he lost a testicle in a car accident a few years ago that it might NOT be him --- the judge than said your dna is the same today as it is tomorrow. He still didnt claim him in court for an additional 2 months more or less.
Have you sought assistance through your county social services or child services/child protection agencies?
Since he hasnt harmed him yet they wont do anything till he does
Have you contacted legal aid or social services for references to low or reduced cost legal services?
I've tried but all i get is Legal Services who says they cant unless he's trying to take all of my custody from me -- but with him mom, dad and himself i dont understand why they wouldnt rep me .

Right now his record is just drugs, car ticket he even had one for driving on the wrong side of the yellow line. So no question there, all the drugs he has done even if he's not now has fried his brain

There charging him for when i was 15, i got pregnant at 16 had my son at 17. So thats y its sexual assualts of a child in wi if your 15 u have no consent
 
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Personally if I were you I would have NEVER filed for child support. Dad is a loser and when you establish his rights he will have some. If he is convicted and sent to prison you will not get CS anyways, and I would then see about terminating his rights. You have alot of issues to work through but if Dad has an attorney, you absolutely need one. Can your parents help you with hiring one?
 
I think about that every day. They have been absolutely horrible, when I filed for child support I was mad. I was over worked I did absolutely everything, and it was driving me broke. I was so stressed all the time, I graduated a year and a half early in Jan 08 which was nice but than it left me with no purpose. I later on went to college in August 08 full time and still am full time. I also work part time, I buy everything and since my sons father doesn't have a job I receive 39 dollars per week for child support. This sememster all my classes are online, so I have to pay for internet. So I have to pay for internet, my GAL fees ( $350although I was a minor and was never informed that I would be paying for it), my sons GAL fees (which I have no idea how much that will cost probably double the my GAL because he's been involved since Jan, and my GAL was only hired for less than 2 months), and if my sons paternal grandfather takes me to mediation I might have to pay for that also. They are hoping that bcz the grandfather is on disability that I will have to pay for this mediation bcz I am the only one that works between the father, myself and grandfather. When i went to mediation with the grandmother she had to pay bcz she made alot more. My sons father has said that he wants 50/50 but doesnt wanna take him 50/50 so he can avoid child support, he also asked if he can claim my son on his taxes for a few years. Its all money, and motivated my his mother. He could care less andthats what makes me sick of this entire family. None of them can say what they mean they all have alternative motives. The G-mother wants a new son cuz she messed up and ditched her perverted drug addicted son, the G-father doesn't like me and wants me in debt and to suffer, and the father wants to get money and not pay money.

My sons GAL in court said that the father is not the best option and that no one in that family took interest in the child until criminal charges were filed. He recommended as well as social services that I have full custody and so forth for the time being, bcz i am stable and have been there the entire time. As of right now he has not asked to see my son at all the entire time. And they even allowed him to begin calling in jan and he still hasnt done so once. Its all just a front -- he wants to look good but not do anything.

My son already has a father in his life who has been there since b4 he was born. We were friends in the beginning but after I had my son we began dating. He has watched my son FOR FREE while I went my first semester at college, did my clinicals, work, everything. He treats him like his own BUT we have NEVER once tried to get my son to call him his dad. That would confuse him too much. I wish this was all over with and that we could terminate his rights and let the rightful father take custody.
 
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