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-   -   Full custody (https://www.askmehelpdesk.com/showthread.php?t=344412)

  • Apr 21, 2009, 03:52 PM
    female87
    Full custody
    Basically I'm seeking answers about if or how I could get full custody of my 5 month old child. The fathers name does not appear on the because and basically the father has not done nothing for him since he has been born. Now all of a sudden he wants to be in my child's life but he is trying to avoid going to court and getting the right decisions because he has a bad record and he does drugs. I also feel he is a threat to not only me and my son but also to my whole family. I just want to know do I need to put him on child support? Sign a petition? Or what can I do?
  • Apr 21, 2009, 04:19 PM
    ANB428

    You need to go to family court and file for custody and child support.
  • Apr 21, 2009, 04:33 PM
    female87
    Quote:
    Originally Posted by ANB428 View Post
    You need to go to family court and file for custody and child support.



    Thanks for your support, but would I file for child support first or go to family court? And how do I even go to family court?
  • Apr 21, 2009, 05:23 PM
    ANB428

    I googled "Family Court in (city, state)" and that gave me links to the courts in my town and an address and phone number for the Family Court. Then you will need to call the number and ask them what you need to do to file for custody of your child.

    In my county they charge $298 to file for custody, but there is also a form that you can fill out for low income family that can help waiver the fee. I am not sure if they will have that in the city and state that you live in. You need to call the court house and talk to someone to see what your options are.

    Good luck with everything.
  • Apr 21, 2009, 05:29 PM
    ScottGem

    First, you already have full custody. Since there is no father on the because there is no one else to have custody.

    If the father wants custody, HE is going to have to go to Family Court and petition to get joint custody. The starting point will be for him to request a paternity test.

    So you have to do nothing to get custody. However if you want support from him, you will need to go to Family court and petition for support. Family Courts are part of your local court system. Just go to your local equivalent of City Hall to fnd out where it is.
  • Apr 21, 2009, 05:44 PM
    ANB428

    Won't they have to establish paternity for child support since the father is not on the birth certificate?
  • Apr 21, 2009, 05:54 PM
    ScottGem
    Quote:
    Originally Posted by ANB428 View Post
    Won't they have to establish paternity for child support since the father is not on the birth certificate?
    Yes in either case a paternity test will be required unless the father signs an acknowledgement of paternity.
  • Apr 21, 2009, 06:23 PM
    Fr_Chuck

    You, you will need to estabiish who is the father, by a paternity test approved by the courts. With that you will file for custody, and can file for child support. It is all basically filed at the same time, but they will have the DNA test, if he is the father then a custody hearing willl be done that will set custody and child support
  • Apr 22, 2009, 12:12 PM
    female87
    Quote:
    Originally Posted by Fr_Chuck View Post
    You, you will need to estabiish who is the father, by a paternity test approved by the courts. With that you will file for custody, and can file for child support. It is all basicly filed at the same time, but they will have the DNA test, if he is the father then a custody hearing willl be done that will set custody and child support
    OK wonderful, so basically if he pretty much doesn't do anything then I wouldn't have to correct? I honestly don't want nothing from this man and I feel he will be a threat to my life if I try and do something.
  • Apr 22, 2009, 12:15 PM
    ScottGem
    Quote:
    Originally Posted by female87 View Post
    ok wonderful, so basically if he pretty much doesn't do anything then I wouldn't have to correct? I honestly don't want nothing from this man and I feel he will be a threat to my life if I try and do something.
    If you don't want child support then you do not have to take any action until and unless he files for custody. However, if you need to file for public assitance, then you will be required to provide the father's name and the state will go after him for support.

    If you can support yourself and your child without help from the state, then you should be OK.
  • Apr 22, 2009, 12:34 PM
    female87
    Quote:
    Originally Posted by ScottGem View Post
    If you don't want child support then you do not have to take any action until and unless he files for custody. However, if you need to file for public assitance, then you will be required to provide the father's name and the state will go after him for support.

    If you can support yourself and your child without help from the state, then you should be OK.
    OK I just want to thank you so much for the help and advice. May God Bless you inmany ways
  • Apr 22, 2009, 12:34 PM
    ScottGem
    Good luck and keep us posted of any new developments.

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