What should I expect. She is not a good mother, and we're both attending college. He pays for child support. I am not sure if she has a job. I know that she also has another child support check from another man. She uses drugs and drinks a lot. He wants to see his child without having to deal with her. I do not want her to know where we live, and want to maintain minimal if any contact with her.My boyfriend is going to go to court to file for visitation rights, neither parent legally has custody.?
Good luck with the up coming court date. The judge will most likly set him and her up for mediation. If the two of them can not come to middle ground then the judge will decide. YES you can ask that she not be given your address. As long as the distric attorneys office has your address, in case of emergencys, which can be released to the police...ect...then they do not have to release your address to her. As for not wanting to have contact with her, the two of them, or the judge can pick a person, to drop off and pick up the child. Or court order a public place for contact, inorder to drop off and pick up the child. The whole process is going to take a few months. And when the visitation is set the child support may be adjusted....higher or lower. Also at the court hearing they will decide custody, weather 50/50 or what ever the two of them decide in mediation, or the judge will decide. Now there are two types of custody, Physical custody, which means the child lives ';full time'; with this parent. And Legal which means that parent has legal custody, even if the child does not live with that parent. So for example:
~She has the child living with her, so she would have ';PHYSICAL'; custody. And He has visitation so she and Him would share ';LEGAL'; custody.
You can also request that drug testing be court ordered, and done at a court ordered place. But that works both ways, so be prepared for him to be tested also. weather she works or not really does not matter, unless she can not support the child, like they are living in a car, or on someones couch or things like that. Well I hope this helps you and good luck!My boyfriend is going to go to court to file for visitation rights, neither parent legally has custody.?
Your boyfriend will definitely receive his visitation rights.
I know its hard going to school with all the expenses but it would be great if he could get complete custody. Maybe you guys can do this in the coming year. You wont be able to keep your address secret from her when he gets custody. You can have the judge have her meet you at a church or other public place if she needs to come for the child. Ive seen this done in Hawaii but Im not sure in your state.
Good luck honey and try not to worry about it , time has a way of making things work out.
Unless he can prove her to be an unfit mother there really isn't much he can do. He can file for custody but it doesn't mean he will get it. And even if he does, it also doesn't mean there will be minimal contact. As for not knowing where you live, I do believe its against the law to keep that info from her if she has any rights to the child. Good luck!
It is definitely not against the law in my state to keep your physical address unknown by the other party. This is the case especially in the case of abuse, drugs, gang affiliations, etc. The state has to know where you live, but she does not. That may not be true everywhere, so check it out.
The court has the child's best interest at heart. They want children to have both parents in their lives as long as the parent isn't a proven bad influence. However, any good judge would wonder why you're only filing for visitation if the described situation is indeed fact. They may think that your boyfriend doesn't have the child's best interest at heart. If he did, then he would be suing for full custody or at least demanding drug tests be done on the other party- perhaps at regular intervals (providing he's prepared to do the same).
Good luck. Dress sharp. Speak proper. Be respectful. Speak facts, not opinions. The judge is not your enemy.
Shouldn't be a problem unless she is living in the same household. My question would be why is he not applying for custody?
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