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Moms rights


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#1 momsrights_27

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Posted 28 December 2012 - 05:01 AM

I have a 7 month old and i am not married to the dad. He has not paid any child support. He may have a substance abuse issue and I am not comfortable with him having the baby by himself. How do I handle the harassment he gives me regarding the child. Should I talk to an attorney regarding sole custody or what.

#2 Ted_from_Texas

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Posted 28 December 2012 - 06:27 AM

When a child is born out of wedlock, the mother is presumed by law to have sole legal and physical custody until the father's paternity is legally established and a custody and support order ("parenting plan") is issued by a court of competent jurisdiction that specifies both parents' respective rights and obligations with respect to the child. Absent a court-approved parenting plan, the father has no enforceable parental rights whatsoever and you get to call all the shots concerning visitation, but he is not obligated to pay any child supoport.

I strongly suggest you speak to a local family law attorney to find out how to get a parenting plan in place, start child support and set up a visitation schedule that protects the child as well as the father's interests. If you have reason to believe the father has substance abuse issues that could place the child's health and/or safety at risk, the attorney can help you craft an appropriate supervised visitation schedule.

#3 momsrights_27

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Posted 28 December 2012 - 06:48 AM

If I do not want anything from the father, should I go ahead and speak to an attorney or see if the father pursues visitation rights? I just want to protect my child and not be harrassed every couple of months over the child

#4 pg1067

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Posted 28 December 2012 - 07:09 AM

What you "should" or should not do is not a decision that anonymous strangers on an Internet message board should be making for you. You need to take the clear and accurate information that "Ted_from_Texas" provided and use it to make your own decisions.

#5 Guest_FindLaw_Amir_*

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Posted 28 December 2012 - 12:50 PM

Consulting with a local Family Law Lawyer would be a good start to advise you of your rights. I also suggest you visit the Family Law Center as a good resource to learn more about this subject matter.

#6 missingmyhubby

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Posted 29 December 2012 - 10:04 AM

I have a 7 month old and i am not married to the dad. He has not paid any child support. He may have a substance abuse issue and I am not comfortable with him having the baby by himself. How do I handle the harassment he gives me regarding the child. Should I talk to an attorney regarding sole custody or what.

if there isnt an order for him to pay child support he isnt obligated to pay.even paternity hasnt been established he doesnt have a child untill it has and he has no rights or obilgations toward the child. once he does he will have as many rights as you, and will eventually get unsupervised visitation, you best prepare yourself for that.




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