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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 14 years experience
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My daughter has a 17month old son. The father was in the marines

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My daughter has a 17month old son. The father was in the marines when the baby was born. The reason they split was because he has a very bad temper and is very controlling. He didn't pay her any child support until the baby was 14 months old. which averaged $200 a month. he told her he wasnt going to give her anymore child support because he was home now and would buy her what he needs, but gets angry when she tells him what he needs. she wants to go to court but knows he will get visitation and is afraid to let her son go alone with his father because of his temper. she lets him visit whenever he wants but never alone. what should she do?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Is there any history of documented domestic violence?
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Is father on the birth certificate or has he signed a voluntary acknowledgment of paternity?
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Thanks
Barrister
Customer: replied 1 year ago.

I dont know if there is documented history of domestic violence but he has put his hands on my daughter, left no marks but she is worried about the baby, she told me when she took the baby to north carolina to visit him while he was in the marines, they were arguing and he threw the babys bottle cap at her and almost hit the baby in the head, he was 7 months old at the time, and when the baby would become fussy he would raise his voice at the baby and set him down hard on the bed. the father is not on the birth certificate but he did sign a voluntary acknowledgement of paternity and had a DNA test done.

Expert:  Barrister replied 1 year ago.
Ok, then this is a tough decision to make. If she want's child support, then she would have to file a paternity action to get a judge to order it. And along with that comes the potential that he would be granted some type of visitation or custody. If daugher files the case, she can notify the court designated worker that she feels that he is dangerous and should be evaluated by a psychologist to determine if he is a danager to the child. The judge has the power to order only supervised visitation if he feels that the child could be in danger based in the report from the psychologist.
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The child deserves to be supported financially by the father and given his demeanor, he may decide to withhold payments if there is not something formal on paper from a judge ordering him to pay.
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Thanks.

Barrister

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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 23407
Experience: Attorney with 14 years experience
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