Family Law Questions? Ask a Family Lawyer Online.
What do you mean you received Notice? You have his Petition ? Is it for visits or 50/50 split?
I received a letter from the court that he wants visitation/custody
since my daughter was born she has been in my custody
I believe that the only reason he wants custody is because I filed for child support against him in June 2011 and he only started paying in Nov 2011,the money is taken from his employer directly
court date is May 7th
Samuel are you there?
I suggest you need to go to court and and show cause as to why he should not outright have visitations that are not supervised
You can show that this attempt is in direct correlation with your filing of child support
which would mean that the only reason he is now filing is because he does not want to pay
And that, of course, is not in the best interest of the child
And also you want to get the medical records
showing the heart defect and a note from the docotr
Stating that such special care needs to be given it would not be in the child's best interest
at this time.
Yes I have all her medical records and the doctors and I have a great relationship and know he has never been involved in her care
Can I apply for sole custody of my daughter?
Yes. You surely can apply for sole custody
You want to show the court your are not out to stop a relationship
with the bio Father, but due to the nature of the health, it needs to start out with supervised visits
is that easy or would I have to prove many things against him
I have always told my daughters father that he can come to my house and see her when ever he would like,but he stopped coming since Dec 30 exactly 3 months
At this time, you only need to show that
he has not been around her, and that her medical attention is such that he should not have her away from the home unsupervised
and that it seems he only now wants visits because you have filed for financial support for your daughter who has medical issues
Can I file sole custody or wait till after the court date in may
You can file now.
And have him served
Really!!! where do I get the paper work for that?
And you can tell the court you have filed for sole custody but offer a visitation schedule
You can get it from the clerk of the court or you will need to have a local lawyer do it for you
Tell the clerk you want to file for sole custody. State that there is a pending case
and get the forms
Tell the clerk you are pro se, without an attorney
also I would like to change her last name, how would I go about that?
Well, that is a Name Change Petition and another court process. You can get those documents from the clerk, too
But I suggest you not bring that up while you are trying to get custody
You dont want a court to think you are not going to allow a relationship with the bio Father
If you have further questions, you may post them here and I will continue to assist. Otherwise, even if you have a JA Subscription, Please ACCEPT my answer as that is the only way I get credit for my time and information. Thank you
Thank you for your time