Paula
recently joined
Reged: 06/11/04
Posts: 1
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My daughter has a 2 yr old son, she is NOT married to the fahter nor have they ever lived together. Father is listed on the birth certificate. They broke up and daughter filed for child support enforcement because he is a DEADBEAT, hasnt paid any support in over a year. Well, we were told today by ammatures that we should go to court and get full legal custody before the father can file? Anyone know anything on this? Email me at plumptcruisin@aol.com
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30372
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TECHNICALLY, if you have no court order, the father is not REALLY a "deadbeat", because he has not been ORDERED to pay anything.And while he probably should be helping in one manner or another, if he DOES pay support, many times it will be treated as a "gift", and he will have to pay back support AGAIN. So my advice to those men without an order is to put money aside, but do NOT give it to the other person, as you may have to pay it again. My suggestion is to get a court order, and include child support and visitation in it. Best of luck!
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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The mother is presumed to be the custodial parent in cases of paternity unless there is an Order that specifies otherwise. She need not file anything. If the father files a Motion to seek custody, she can respond and defend citing statutory factors that favor her position. She gains nothing by filing.
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KaysMom
journeyman
Reged: 06/03/04
Posts: 65
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In NY, physical custody by default goes to the mother, but legal custody is split by default once paternity has been established. I initiated a court action shortly after my D was born to remedy that (uncontested, he wanted nothing to do with it). No CS or visitation was set at that hearing, it was simply paternity establishment (which we needed for insurance) and custody.
So, it depends. In my case, it made sense to do it while things were civil. If we were to do it now, it might not be uncontested.
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GraceAdler
recently joined
Reged: 07/11/04
Posts: 18
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In NC unless there is a court order saying otherwise, neither party has custody. Both have equal rights to the child.
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roxy
recently joined
Reged: 08/17/04
Posts: 7
Loc: kc,mo
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Applies to mo and va also Noone has custody unless you have a court paper stating that. The police will not get involved.
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