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    father1st's Avatar
    father1st Posts: 11, Reputation: 1
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    #1

    Jul 24, 2012, 10:11 AM
    Custody
    I am a father to a baby boy, he's my first child. Me and the mother are not together and were never married. We are having a schedule meeting with a case worker/ mediator soon. The mother will not allow me to take my son anywhere without her supervision. I have been here for my child since day one even though we were not together. I put him on my insurance and I his main financial provider. I took her to every doctor’s appointment, travel every week for 2hrs while she was on bed rest. I have no criminal history or record, I work full time, about to graduate college with my Bachelors, and I have my car and working on getting my own place once I figure out what my income would be after everything is settled. I work for everything I have earned and will continue to and I’m thankful for what I have. I want shared custody of our son because I feel like it is what’s best for our son. What are my chances of getting shared custody under those circumstances?
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    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 24, 2012, 11:43 AM
    Is this case worker though family court ?
    But yes you have a good chance of joint custody, and if not, at least regular visitation ( without mom supervision
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    #3

    Jul 24, 2012, 11:46 AM
    Shared custody is rare unless the parents live very close to each other. It is also rare with an infant. However, once he reaches toddler status, and you live closes enough, there is no reason you can't have alternate weeks. Once he starts school though, you do have to live close enough for him to continue in the same school.

    This is about physical custody. There should be no issue with joint legal custody.
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    #4

    Jul 24, 2012, 01:51 PM
    Quote Originally Posted by Fr_Chuck View Post
    Is this case worker though family court ?
    but yes you have a good chance of joint custody, and if not, at least regular visitation ( without mom supervision
    Thank you for your reply and no, It is through child support in Texas
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    #5

    Jul 24, 2012, 01:54 PM
    Quote Originally Posted by ScottGem View Post
    Shared custody is rare unless the parents live very close to each other. It is also rare with an infant. However, once he reaches toddler status, and you live closes enough, there is no reason you can't have alternate weeks. Once he starts school though, you do have to live close enough for him to continue in the same school.

    This is about physical custody. There should be no issue with joint legal custody.
    Thanks for the response and we stay within 10mins or less from one another.
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    #6

    Jul 24, 2012, 01:57 PM
    QUOTE=father1st;3208373]I am a father to a baby boy, he's my first child. Me and the mother are not together and were never married. We are having a schedule meeting with a case worker/ mediator soon. The mother will not allow me to take my son anywhere without her supervision. I have been here for my child since day one even though we were not together. I put him on my insurance and I his main financial provider. I took her to every doctor’s appointment, travel every weekend for 2hrs while she was on bed rest to be there and support my son and her throughout the pregnancy. I have no criminal history or record, I work full time, about to graduate college with my Bachelors, and I have my car and working on getting my own place once I figure out what my income would be after everything is settled. I work for everything I have earned and will continue to and I’m thankful for what I have. I want shared custody of our son because I feel like it is what’s best for our son. What are my chances of getting shared custody under those circumstances?[/QUOTE]
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    #7

    Jul 24, 2012, 02:04 PM
    I repost my question because I was not clear on something I said in the first question
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    #8

    Jul 24, 2012, 02:57 PM
    A meeting with child support is not going to get anyone "custody" you have to have meeting with someone from family court about custody or visitation to change that

    So you have not filed in court for visits or custody
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    #9

    Jul 25, 2012, 09:06 AM
    Quote Originally Posted by Fr_Chuck View Post
    A meeting with child support is not going to get anyone "custody" you have to have meeting with someone from family court about custody or visitation to change that

    So you have not filed in court for visits or custody
    Yes, I have filed for a court date for Aug 14th
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    #10

    Jul 25, 2012, 04:56 PM
    I went to the child support hearing and they did not take in consideration what plans I have for my son. I see my son every day and put him to bed every day. I support his every need but I want to do more for him... The child support worker told me that I allowed see him for 2hrs every Thursday and every other weekend from Friday 6pm to Sunday 6pm... I want more time with my son and I want him to come stay with me also more also. Is there any way I can get that change even a little when we go to court?
    In what if she is an illegal immigrant can she try to leave the
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    #11

    Jul 25, 2012, 05:08 PM
    If your child is a citizen a passport will be required to leave the country. Both parents signature is necessary to get a passport.

    Generally support and visitation is separate. So they won't really with visitation at a support hearing. File a separate a tion to modify custody and visitation.
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    #12

    Jul 25, 2012, 05:43 PM
    Quote Originally Posted by father1st View Post
    ... The child support worker told me that I allowed see him for 2hrs every Thursday and every other weekend from Friday 6pm to Sunday 6pm. ...
    Are you saying that a child support caseworker is deciding custody issues? That strikes me as peculiar. I don't believe she gets to make that decision.
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    #13

    Jul 26, 2012, 09:08 AM
    Quote Originally Posted by AK lawyer View Post
    Are you saying that a child support caseworker is deciding custody issues? That strikes me as peculiar. I don't believe she gets to make that decision.
    No! The child support case worker/mediator Just gave me the standard visitation I guess because that's all she could talk about but I want shared custody I want to be in my son life more.
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    #14

    Jul 26, 2012, 09:13 AM
    Quote Originally Posted by ScottGem View Post
    If your child is a citizen a passport will be required to leave the country. Both parents signature is necessary to get a passport.

    Generally support and visitation is separate. So they won't really with visitation at a support hearing. File a separate a tion to modify custody and visitation.
    Okay but what if she gets deported or her main source of income gets deported could I make a case off that in the child support hearing ? Or should I still open a different case. (but note that at the child support meeting I put on the paper the reason I did not agree was because custody and amount of support.) You're telling me though that no matter what in the court on the 14 th they will not talk about custody at all. Only the amount of support?
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    #15

    Jul 26, 2012, 09:22 AM
    If the purpose of that hearing was support, then yes, they can restrict it to support. It will be up to the court, but generally that's the way it goes. If there is a filing for custody, they might entertain discussion.
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    #16

    Jul 26, 2012, 02:19 PM
    Quote Originally Posted by ScottGem View Post
    If the purpose of that hearing was support, then yes, they can restrict it to support. It will be up to the court, but generally that's the way it goes. If there is a filing for custody, they might entertain discussion.
    Okay
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    #17

    Jul 28, 2012, 09:35 AM
    Ask help desk
    How will the legal system determined what's the best interest of the child between a us citizen and a illegal immigrant? What are the things some legal system look at?
    Fr_Chuck's Avatar
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    #18

    Jul 28, 2012, 09:48 AM
    Same things they look at if they are both citizens of if they are both illegals.

    First mother normally gets some preference, unless they can be proven unfit.

    And they look at who normally cares for the child, who has provided the actual care. They don't look at the paycheck.

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