necessary steps, custody, etc.

[janet7k]

What is the name of your state? TX

Baby was born last Weds. I am in TX, father is in NY. I called to let him know baby was born, he became angry that I couldn't immediately arrange free transportation yo and from the airport for him as well as free accomodations. Since then he has not called.

We have not been in a "relationship" since shortly after the pregnancy was discovered. When the pregnancy was discovered in CO, he quit his job and moved to NY to "start his own business".

1. When the father has not been involved and has essentially run away, is it necessary for the mother to file for sole custody, or is this assumed until the father files for something different?

2. If the father were to file for visitation before child support has been established, will he be able to visit without paying child suppport?

Thanks in advance.

Janet

 

[ejmmolina]

Visitation and child support are two completly different issues. Its up to you to get the support established since it doesnt seem like he will just offer to do it. Im not sure how custody works with out a court order. Is his name on birth certificate??? If not then i believe he has to get a dna test to prove he is the father before he can get visitation. However you cant get support unless he is established as father. If you go through the attorney general they will do dna testing at your expense if he is not father and at his if he is. When we went they set up standard visitation every other weekend and splitting holidays 6 weeks in the summer and a few hours on wednesday. SInce you baby is new born im not sure if the standard is different. You can go to the attorney general web site and get alot of info. Now just because visitation and support are established you CAN NOT with hold visitation if he doesnt pay support. Im sure some of the others can give you better advice on what to do. I hope this helps you.

 

[Phnx02]

What is the name of your state? TX

Baby was born last Weds. I am in TX, father is in NY. I called to let him know baby was born, he became angry that I couldn't immediately arrange free transportation yo and from the airport for him as well as free accomodations. Since then he has not called.

We have not been in a "relationship" since shortly after the pregnancy was discovered. When the pregnancy was discovered in CO, he quit his job and moved to NY to "start his own business".

1. When the father has not been involved and has essentially run away, is it necessary for the mother to file for sole custody, or is this assumed until the father files for something different?

2. If the father were to file for visitation before child support has been established, will he be able to visit without paying child suppport?

Thanks in advance.

Janet

The father has no rights to the child until paternity has been established thru a DNA test. Until then, you automatically have sole legal custody as giving birth to the child.

Although visitation and child support are 2 seperate issues...ie; one is not dependant on the other, usually a visitation schedule isn't set up without a child support order in place at the same time. The two are usually addressed in court during the same hearing. Neither will be granted without a paternity test.

 

[stealth2]

The father has no rights to the child until paternity has been established thru a DNA test. Until then, you automatically have sole legal custody as giving birth to the child.

Although visitation and child support are 2 seperate issues...ie; one is not dependant on the other, usually a visitation schedule isn't set up without a child support order in place at the same time. The two are usually addressed in court during the same hearing. Neither will be granted without a paternity test.

Tsk. Not quite correct. Dad can likely voluntarily accept paternity via an affadavit of paternity - w/o a DNA test.

 

[janet7k]

Thanks very much, having these questions answered helps a great deal.

Janet

 

[Phnx02]

Tsk. Not quite correct. Dad can likely voluntarily accept paternity via an affadavit of paternity - w/o a DNA test.

You are right Stealth! Forgot about the AP.