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MELODY_MARTINEZ · Apr 15, 2007, 08:27 AM

Im a single mothe with 1 baby who is currently 1 yr and 7 months in california san diego , i currently receive child support started this month and the father of the child is currently in louisiana and want to have my daughter for a month i don't mind him wanting to spend time with her but knowing her father he might never return her to me i want to file for full custody just in case he want to take her away from me before when get in fight he would always say that he would take her so im kind of scared please help me tell me if i will be able to win the case

Red3 · Apr 23, 2007, 06:47 PM

Originally Posted by MELODY_MARTINEZ

IM A SINGLE MOTHE WITH 1 BABY WHo IS CURRENTLY 1 YR AND 7 MONTHS IN CALIFORNIA SAN DIEGO , I CURRENTLY RECIEVE CHILD SUPPORT STARTED THIS MONTH AND THE FATHER OF THE CHILD IS CURRENTLY IN LOUISIANA AND WANT TO HAVE MY DAUGHTER FOR A MONTH I DoNT MIND HIM WANTING TO SPEND TIME WITH HER BUT KNOWING HER FATHER HE MIGHT NEVER RETURN HER TO ME I WANT TO FILE FOR FULL CUSTODY JUST IN CASE HE WANT TO TAKE HER AWAY FROM ME BEFORE WHEN GET IN FIGHT HE WOULD ALWAYS SAY THAT HE WOULD TAKE HER SO IM KINDA SCARED PLEASE HELP ME TELL ME IF I WILL BE ABLE TO WIN THE CASE

First off, if he hasn't seen his child very often, then he doesn't need this child for a month. The child doesn't know him it will only make things hard on the child. Plus for the fact that this child has been with you all along it seems like... As for getting full custody, if he hasn't been in the child's life at all that may help you out right there, that he didn't want to be involed. But I am in Missiouri and the laws are different here. I would advise to get a lawyer and talk to them to see what options you have. Or go online and check for your state. But, as for visitations make him come to you and only give him a couple hours a day to start. Im not sure about your whole situation, but I do hope this helped you out some. I wish you the best of luck...

Fr_Chuck · Apr 23, 2007, 09:48 PM

There should be child custody and proper court ordered visitation. And of course court ordered child support.

I will note that you do need an attorney on this, there are issues something's about one state honoring the child custody agreement of another, once that child is out of one state and in another.

vlee · Apr 24, 2007, 06:04 AM

If there is no formal agreement between the two of you you'd be an idiot to send your child anywhere with him for any period. He has just as much right to keep her as you do right now. Hire a family lawyer. You need to file for sole physical custody or primary physical custody and work out a written schedule of visits for the child and dad. Be specific with dates and times, get his signature, and file that puppy before you send your child anywhere.

jasondbel · Dec 8, 2008, 01:29 PM

She said she is currently receiving childsupport. Did no one see that?

N0help4u · Dec 9, 2008, 12:11 PM

Originally Posted by jasondbel

she said she is currently recieving childsupport. did noone see that?

What does that have to do with visitations. She is not asking about support but custody and visitation.

You do not have to let him see her until a court order is established for visitations. You apply for primary custody as vlee said and do not let him see her until he gets a court order stating his visitations.

jasondbel · Dec 9, 2008, 05:25 PM

If the support is court ordered she has to let him see his child. If he is doing it as a responsible parent then you should let him see his child but don't ever let him take her no way. If he is paying you money that isn't court ordered then obviously he wants his child. I'm from Louisiana. I just got custody of my son. I went through hell. I busted his mother though. Caught her red handed. Best day of my life.

N0help4u · Dec 9, 2008, 05:29 PM

There can be a support order without any custody/visitation order.
It doesn't look like there is a custody/visitation order from what the OP has said.

jasondbel · Dec 9, 2008, 06:11 PM

If the father is voluntarily giving the girl money for his child then he wants to be a part of this kids life. There is always two sides of the story. Why is the father in louis and you are in cali? Do you realize the cost of that kind of commute? How old is this guy? Can he not make it on his own in cali. Sounds like it is tearing this guys heart out. If he could he would. You need to be fair. Go to court give him the oppurtunity to make it to court. If there is anything more painful in this world is a father wanting his child but can't seem to get ahead.

N0help4u · Dec 9, 2008, 06:30 PM

Originally Posted by jasondbel

There is always two sides of the story. Why is the father in louis and you are in cali? Do you realize the cost of that kind of commute?

Probably a lot of the reason why she is afraid to 'send' a one year and seven month baby for visits.

jillrenee15 · Dec 10, 2008, 07:05 PM

Just because there is support doesn't mean there is visitation. If there is no visitation ruling by the court attached to the support documents you don't have to let her go anywhere. BTW most courts would not send a child that young somewhere for that long to begin with. Those typical visitation orders that say you have to share holidays, weeks in the summer and school breaks are usually for school aged children, NOT infants. Call your towns friend of the court office and see if when support was ordered if there was any order on visitation if you can't find the original paperwork.

jjones444 · Nov 11, 2010, 09:28 AM

Like all custody cases, this sounds like a difficult situation. You should get an attorney for this case because divorce child custody cases can be complicated and messy. You need to figure out not only the custody, but child support, visitation rights, and all that jazz. Good luck with getting custody, I know how hard it must be for you to be away from your baby. Just make sure everything goes through the proper way. Get an attorney so no corners are cut and you get the results you want in the end.

chrissyhaughton · May 4, 2012, 05:09 AM

I just turned 17 and I'm a single mother in philadelphia of a soon to be 3month old baby boy. My child's father has not helped out since I was pregnant nor after the delivery.He's 21and he has threatened to take my child when I was pregnant and several times after he was born because I wouldn't let my son visit him for a weekend. He has often threatened to kill me and my current boyfriend if I didn't allow my son to visit for the weekend. He says he'll come to my school and kill me then take my child from daycare. What are my chances of being given custody and having him pay child support. I need the money sometimes for diapers and wipes. Please respond asap I'm cosidering filing for child support and custody soon