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Concernedmimi · Apr 10, 2012, 02:44 AM

My daughter and her baby's father go to court on the 12 of this month for child support. First time. She is very concernrd he is going to try to take the baby from her because his family has money. Should she be worried?

ScottGem · Apr 10, 2012, 03:14 AM

First its not a good idea to piggyback your question on another thread. This can lead to confusion. So I've moved your question to its own thread.

Also ANY question on law needs to include your general locale as laws vary by area.

This depends on the local courts, what the summons says, etc. If the hearing is specifically about child support, then the father may not be able to bring up the issue of custody. It is likely that the father will have to file a motion before the hearing to have it include custody. If he files the motion at the hearing, your daughter should ask for a postponement or continuance to prepare an answer.

It generally takes a lot for a court to wrest a child from its mother. Some level of unfitness would have to be proven. If the father contends he can provide a better home because he has money, that could backfire in higher child support.

However, if the father has an attorney, your daughter needs her own counsel or she will be a very distinct disadvantage.

Concernedmimi · Apr 10, 2012, 03:29 AM

Thank you for moving my question. I noticed after I asked :(
Thanks again for your answer. We are in Ga.
My daughter isn't unfit, to be clear. His family just has more money and he keeps threatening her with this. Telling her she made a huge mistake by filing for child support. He said now he is just going to fight to take the baby since she is poor and his family has money. They do have an attorny and we do not.
All the summons says is that his court date is April 14. For child support. She is sick with worry.
Thank you for your time and help.

ScottGem · Apr 10, 2012, 03:39 AM

Fathers faced with having to be responsible for a child often bluster and threaten to take custody. It doesn't matter how much money his family has, its what type of home HE can provide. If he is unmarried, then a court is not likely to award him primary custody.

If the summons specifically mentions Child Support, then he should not be able to bring up custody without prior notice. As I said, if he does, have your daughter ask the judge to postpone any hearing on custody because she was only aware that support would be discussed at this hearing and is unprepared for any other issues. Ask that the judge rule on the support and set up a new hearing for custody.

And before any custody hearing I would have an attorney. Have her talk to some, many offer free initial consults. It may be, if HE brings a custody action, he can be required to pay court costs.