My daughter, Pamela has a 2 year old son David. She has been taking care of all his needs for 2 years: Medical, Doctors, Babysitters, housing, clothing, etc. His father has been active in his life. He would take him every other week for a weekend. He rarely took care of any of David's needs. Pam took him to court for Child Support and now all of a sudden the father wants custody. He's claiming that David's situation is unstable. Pam and I had an argument about a month ago and she said she was leaving. I told her to go ahead. I don't know of anyone who doesn't argue now and then. Needless to say Pam is still living with me and her father and I would never, ever toss her out. Do you think the father has a chance for custody?
Unwed Father Seeking Custody
- Thread Starter Jeanine5
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The father probably has no chance of custody but he does have a right to see the child. Your daughter should see if they can work something out. He cannot get custody just to get out of paying child support, but he can try and cause frustration for mom in the process.
Does she have an attorney? Her living with you does not mean her situation is unstable but you and Dad need to try and not meddle between her and Dad. Maybe Dad will be satisfied with joint legal custody with Mom retaining physical placement?
Does she have an attorney? Her living with you does not mean her situation is unstable but you and Dad need to try and not meddle between her and Dad. Maybe Dad will be satisfied with joint legal custody with Mom retaining physical placement?
He has every right as the child's father to share in custody of his child. I don't think he will get full custody, but it is possible that he will be allowed to share in the responsibility of raising his child. That might begin with graduated visitation and could lead to some kind of physical custody.
My daughter Pamela lets Dave see his child whenever he wants to. He was supposed to return him on Christmas day but didn't so of course now she's nervous he won't return him. She's a firm believe that the father should have a good relationship with his child. All of a sudden (after filing for child support and receiving it) he wants custody. That tells me he's angry because he finally has to pay for his child's support.
mightymoose
Moderator
I agree. The father has an excellent chance of increasing visitation time, but not necessarily of obtaining custody. He would get shared custody at best, but probably not even that until the child is older. How much money he pays has nothing to do with his right to see his child.
In fact, since she pursued child support payments, it only makes sense that he wants to increase his visitation time. The amount of time the child spends with the father directly effects the amount of money the father must pay to the mother in support.
In fact, since she pursued child support payments, it only makes sense that he wants to increase his visitation time. The amount of time the child spends with the father directly effects the amount of money the father must pay to the mother in support.
mightymoose
Moderator
Is there an existing custody or visitation order from the court? If not, then he is under no obligation to return the child. He will only get himself in trouble if he deliberately prevents the other parent's access to the child.
If a custody order does not exist, one needs to be obtained immediately.
I'm kind of glad this custody thing came up. That way my daughter has a legal right when she has her child. I guess what I'm really upset about is that he only wanted custody when he was ordered to pay child support. He never supported the child the first 2 years of his life. He thought he could go on scott free. Oh, and did I mention that him and his mother smoke weed in the house?
jharris352
New Member
Don't take it lightly but he has little chance of getting the child. A Judge will especially look down on a Father who didn't want the child until he was faced with cihld support.
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