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#1 anaguerita2008

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Posted 30 March 2011 - 08:42 AM

I am a unmarried parent that is 19 and i am trying to get full custody of my child. the father of my child does not have a job and isn't a really good role model for my daughter. He is not a bad person i just want to get full custody to not have to worry if hes going to help me support her. I dont have much money to get an attonery but the father of my child knows hes not in a good postion to go to court to win this case. what can i do to get full custody of my child without having to get an attonery?is there a way i can get help as in child support even though he doesnt work? or is there a way he has can get a last chance to show he can support our child like a time limit if not i automatically get full custody?



#2 pg1067

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Posted 30 March 2011 - 09:27 AM

anaguerita2008 said...

the father of my child . . . isn't a really good role model for my daughter.

How does he feel about you as a role model?  And what does this say about you since you chose to have a child with him?  These are largely rhetorical questions, and I don't ask them to be argumentative.  The first question is designed to illustrate the point that your subjective, biased assessment of him is pretty well irrelevant.  The second question is largely designed to get you thinking about how you might be attacked if you pursue the line of attack you are contemplating.


anaguerita2008 said...

i just want to get full custody to not have to worry if hes going to help me support her.

What exactly do you think "full custody" means, and why do you think obtaining that will obviate the need for you to "worry if [he is] going to help [you] support her"?  You didn't identify your state, which means we can't tell you anything specific about the applicable law, but I can assure you that "full custody" does not mean that the father will have no rights regarding the child.


anaguerita2008 said...

what can i do to get full custody of my child without having to get an attonery?

You cannot do anything aside from presenting the best case possible to the court.  Custody is based on what the court determines to be in the child's best interests.


anaguerita2008 said...

is there a way i can get help as in child support even though he doesnt work?

In every state, the parents' incomes are relevant in calculating child support.  No court is going to tell a non-custodial parent that he/she doesn't have to pay child support simply because he/she isn't working at the time the support order is entered.  The court may defer the issue to give the non-custodial parent time to find a job, or if may impute a certain income based on what it believes the parent could earn.  Specific facts matter, however, so it's impossible to say anything with certainty.


anaguerita2008 said...

is there a way he has can get a last chance to show he can support our child like a time limit if not i automatically get full custody?

I'm not really sure what this means, but it appears to be based on some sort of mistaken notion as to what "full custody" means.


If you can provide some further information and clarification, we might be able to provide you with a more definite response.



#3 anaguerita2008

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Posted 30 March 2011 - 03:42 PM

i would like to get full custody of my child so that her father will not have any rights in how her future goes.I did some research and i know in san diego they offer family court but I dont know if thats the same as looking for an attorney or is it better to go through reporting a small claim?

#4 GuessAgain

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Posted 30 March 2011 - 06:19 PM

You are not going to be able to erase him from her life.  He is her father and the courts will give him visitation, which means he gets to spend time alone with his child without you.  He may well also seek and obtain a share of custody.  For child support, you can contact the San Diego County Office of Child support services.  Here is the link to their website:  http://www.sdcounty.ca.gov/dcss/ .  They will not handle custody issues but they will assist in getting a child support order as well as enforce that order. 

#5 Ted_from_Texas

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Posted 31 March 2011 - 12:52 AM

I believe the term you are looking for is "sole legal custody" which would give you the right to make life choices for the child, such as education, medical decisions, religious training and so on without interference from the father.  However, even if you had sole custody, the father would still have the right of reasonable visitation and the obligation to pay child support.  You cannot eliminate him entirely.  When you chose to have a child with him, you made him a part of your and your child's life for the duration of her childhood.  Even if he wanted to, he would not be permitted to voluntarily "sign away" his parental rights, and the court would not remove them without a compelling reason.  The prevailing legal philosophy is that an absent father is better then no father at all, and if in the future he changes his mind and decides to take an active role in the child's life, the door is open for him to do so.


All matters relating to custody, child support and visitation are matters for family court and have nothing to do with small claims, which are a diferent matter entirely.  Consult local counsel.



#6 pg1067

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Posted 31 March 2011 - 02:33 AM

anaguerita2008 said...

i would like to get full custody of my child so that her father will not have any rights in how her future goes.

You still didn't identify your state (at least two states have a city called San Diego).  However, in no state does "full custody" (if that term even has a legal meaning) mean that the other parent will have no rights.


anaguerita2008 said...

I did some research and i know in san diego they offer family court but I dont know if thats the same as looking for an attorney or is it better to go through reporting a small claim?

Not really sure what this means, but small claims courts are courts that handle disputes over relatively small amounts of money (e.g., consumer disputes, minor personal injury and contract matters, etc.).  Custody matters are not handled in small claims court.  The particular type of court depends on what state you're in.  It is always better to seek help from an attorney if you can afford one or find a source of free representation, but it is not an absolute necessity.




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