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JaxLawyer
JaxLawyer, Family Law Attorney
Category: Family Law
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Experience:  I have been practicing family law for eight years in several states.
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My husband just found out he has a 5yr old daughter and took

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My husband just found out he has a 5yr old daughter and took the paternity test. He goes to a mediator on Monday to set up child support. He wants to ask for shared custody so he has a chance to get to know the child. He is afraid he will be knocked down for not being in her life but he did not know. How does he go about getting shared custody, we live in the same town less than 5 miles apart.
Submitted: 4 years ago.
Category: Family Law
Expert:  JaxLawyer replied 4 years ago.

Your husband has every right to as for shared custody, or at least visitation, even if he hasn't been in her life up until now. He needs to bring it up with the mediator at the mediation hearing. The mediator can include it in the report to the court, or in the court order if the mediator is doing the order. If the mediator doesn't want to include the issue of custody since it wasn't part of the mother's initial petition, then your husband just has to file a Motion for Shared Custody, using the same caption as the child support case. He can then ask for a hearing or mediation on the issue of shared custody.

Customer: replied 4 years ago.
If he gets shared custody will he still have to pay child support? And if the mother is against him seeing the child all together but justs wants the money what are the options availible?
Expert:  JaxLawyer replied 4 years ago.

He may still have to pay child support, depending upon how much money each parent makes and how much custody he gets. Keep in mind,m it is doubtful that your husband would get 50/50 custody right away since he hasn't established a relationship with the child but he should ask for it anyway. He can always go back and ask for it in the future after he has been the child's life for a while.

 

As for the mother not wanting him to see the child, he has a legal right to visitation if he doesn't get shared custody. She can't take that away from him unless there is something terrible involved such as violent behavior, drug abuse, etc. He would have to do something really bad to lose his parental rights to visitation.

JaxLawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 259
Experience: I have been practicing family law for eight years in several states.
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