| Melody |
| (Carpal \'Tunnel) |
| 02/22/07 12:35 PM |
Yes, all they can do is say "no"
|
and all he will then do is lose thousands upon thousands of dollars to his attorney for a losing battle.
What you've stated, while unpleasant, is not enough to warrant a change of custody...and since you likely don't have adequate proof of any of this...it's truly a waste of your husband's time.
The mother has no need to file for custody, as she is the birth mother of a child out of wedlock...she automatically has custody. It is up to your H to prove that he's the father....even to get visitation. So if he already has a visitation order, then he's lucky....at least she's not claiming he isn't the father.
As for support, if she has an open claim for support with back support....the back support can only go back to the date she filed the case....NOT back to the birth date. He will definitely be paying her child support, but his visitation must be formalized into a court order. It sounds like this agreement between them is informal (not an order) and as such, unenforceable should she decide not to allow him time with the baby.
I suggest he get a visitation order established...and begin the long slow process of building a case for custody in the future.