[foster2285]

I understand that in different states the laws for custody are different, so in Florida:

My ex and I have broke up 6 months ago, we were never married but we have a two year old between us. He is on the birth certifiate and is now taking me for custody, after I bring up going for child support since he hasn't put one cent to our child, and only rarley does he call to see him. He also just singed up for the Army Reserves.

My questions are this: 1. If we get half and half custody, does that mean my ex HAS to take our son for his time, or can he just choose when he wants him on those weeks? And if he does that crap, what can I do to stop him? 2. What happens if he gets called into service? Does everything just stop and we have to go back into court again once (or if) he returns or does it just go on hold? And while he is gone am I supposed to get child support back, until he comes home again? How does ths all work?

Also, a week after we broke up I found out I am pregnant with our second son. After he told me for the first three months to abort the baby, and him not consistently seeing our two year old, I decided that I'm not going to put his name on the certificate. I dn't want to put this child through all the crap that our first one is. My ex then told me that if I didn't he would get a pertrenaty test and prove that he is the father (of which was not in question) and then sue me and take both of my kids and "make me beg to even see pictures of them".

1. Am I allowed to not put his name on the certificte? 2. Can he sue me over this?

These questions are causing me to stay up, please help. I can't afford a lawyer right now and could really use some advice. Thanks

[J_9]

I'll try to break this down for you.

My questions are this: 1. If we get half and half custody, does that mean my ex HAS to take our son for his time,

Typically yes, and it's called Joint Custody.

or can he just choose when he wants him on those weeks?

The court will assign parenting time. Who gets the child and when.

2. What happens if he gets called into service? Does everything just stop and we have to go back into court again once (or if) he returns or does it just go on hold? And while he is gone am I suppoed to get child support back, until he comes home again? How does ths all work?

Obviously, if he gets called up you will have the child full time and will have to, most likely, go back to court for a child support modification. Understand that many courts do not assign child support if you share custody 50/50.

Also, a week after we broke up i found out i am pregnant with our second son. After he told me for the first three months to abort the baby, and him not consistently seeing our two year old, I decided that I'm not going to put his name on the certificate. I dn't want to put this child through all the crap that our first one is. My ex then told me that if I didn't he would get a pertrenaty test and prove that he is the father (of which was not in question) and then sue me and take both of my kids and "make me beg to even see pictures of them".

He can say anything he wants. He can request, and most likely will get a paternity test granted. What the court decides is what is in the best interest of the child/children.

1. Am I allowed to not put his name on the certificte?

You can put any name on the birth certificate you want. If you want to name the child Slow Joe Schmoe... that is your choice.

2. Can he sue me over this?

If he is found to be the biological father, yes he can "sue" you. Actually, it's not suing, but petitioning the court for a name change.