Check out some similar questions!

brandymcmahan · Apr 16, 2008, 05:51 PM

My name is brandy and I am the custodial parent an dmy son is a month old and me and his father is not together any more and I do not work and nor do he and I don't want to be bother with him because he's very disrespectful and I will like to take him to court and give him visitation rights and plus he sit up and get high all day.How do I go by do this and will they take my baby from meand give him to him. :confused: :( :mad: :(

N0help4u · Apr 16, 2008, 06:03 PM

If he is getting high then why do you want to take him to court to give him visitation rights?
You need to go apply for child support and if he comes up with the bright idea to go for visitation rights then deal with that then. I wouldn't even bring visitation rights up to him at all.
If he does go for visitation rights you can tell them you don't feel it is a good idea because he is getting high. IF they do grant him visitation rights it would be something along the lines of every other weekend, some holidays and a week or so in the summer. If you can convince them that you don't trust his caring for the baby properly they could even make his visits supervised.

Fr_Chuck · Apr 16, 2008, 06:06 PM

If you and the babies father are no longer together, you need to file first for custody of the child, and for child support. If he wants visits, that is his part to request those, but you can file in your motion on what visits if you want him to have any.

brandymcmahan · Apr 17, 2008, 12:22 AM

Originally Posted by Fr_Chuck

If you and the babies father are no longer together, you need to file first for custody of the child, and for child support. If he wants visits, that is his part to request those, but you can file in your motion on what visits if you want him to have any.

Why do i have to file for custody when i am the custodial parent and he's the noncustodial parentand i did file for child support , chlid support stepped in when my son was about two weeks old and i have a court date coming up the 7th of may.i don't understand. And like i said i am the custodial parent ,my child support papers say to the custodial parentand his paper say to the noncustodial parent and even if the papers didn't say custodial or noncustodial i still know that i am the custodial parent by law

cjonline · Apr 17, 2008, 09:44 AM

Turn your caps off... Yelling is disrespectful and Chuck was just trying to help. I didn't read that you already had a court Order in your first post. It wasn't until the second one that you said it. We aren't mind readers... many people state that they are the Custodial Parent and they don't have an order stating so.

It's very hard to get a ruling changed. If you are the CP and its ordered then your ex, the NCP, would have to prove that you are unfit or he is the better parent for the child to be with. If, as you say, he gets high or he has a record of drugs then I would ask for visitation to stop or regular drug tests, If he's clean then he can see the child. Him getting physical custody of your child would be slim as it is already court ordered. I wouldn't worry about him getting your child should you go back to court, unless he can prove you unfit someway, and he would have to have a lot of things to back up the claim.

squeaks77 · Apr 17, 2008, 10:10 AM

It would probably help if you got a job, just in case he gets his act together and wants custody.

brandymcmahan · Apr 17, 2008, 04:02 PM

Originally Posted by squeaks77

It would probably help if you got a job, just in case he gets his act together and wants custody.

Even if he got a job would the court still give him custody of my baby because he has got a job before even though he smoke weed, good job like at rail road, the bank (the money transporter)but he use other peoples urine. And now he's yelling that he's not getting a job any more :confused:

cjonline · Apr 17, 2008, 06:22 PM

Are you going back to court? Who filed and why? If your son is a month old weren't you just in court for support and custody? You stated that you had an order that said you were the CP and he was the NCP, if that's true then why are you going back to court now? I would think you had to wait until a new case could be heard. In Virginia its 6month before they allow a case to be placed on the docket and then only if something major has happened.

Unless you have done something major and he has dirt on you to show the court then no he can't get your child from you. If you have done something and he knows -- get an attorney ASAP. Speaking of... If you are this worried about him getting you child then you might want to talk to an attorney anyway.