Tuesday, September 18, 2012

HOW SOON CAN I SEEK SOLE CUSTODY OF MY UNBORN CHILD?

QUESTION: I'm currently 7 months pregnant & my babys father has just been in & out of our lives. He currently found a new gf & is now completely not interested in our childs life. He will not cooperate with me to get things settled custody wise & says he refuses to take a dna test. I just found out he had a kid he signed his rights over. He has two kids already & I'm not sure if to just get him to sign his rights over to me or get sole custody of the child. His interest isnt there for our baby. He has not helped out with any of the things the baby needs like his crib. His only intentions are to try & control me & I know its not for him wanting to be there for our son... If he signs his rights over to me would he still be responsible for child support? Could I get sole custody of my child? Should I just have him sign his rights away & how soon can & should start the process? Thank you for your time!

MY RESPONSE: File a Paternity case without further delay, and have the father served. Under the circumstances that you relate, you likely will receive full custody of your child, and based on the father's income, you may receive a child support order plus orders requiring him to pay some and/or all of the birth-related expenses. You would best retain an experienced Family Law Attorney to represent you, or at least have a face-to-face consultation with an experienced Family Law Attorney. If you can't afford an attorney, you may qualify for an attorney fee order if the father is employed, but you would have to apply for an attorney fee order, in that event. Also, if you can't afford an attorney, you can go to your local Superior Court's self-help clinic for advice and assistance from a volunteer lawyer. You can start the process now, before the child is born. A father can't sign his "rights" to a child away (other than for an adoption), although he can agree that he won't have any child custody or visitation. If the father has no child custody or visitation, his Child Support obligation would be the highest, because Child Support is based on the parties' respective incomes and the percentage of the Father's custodial timeshare.

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