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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23455
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I just found out I have a 7 year old son on Mrch 20th. The

Customer Question

I just found out I have a 7 year old son on Mrch 20th. The mother has served me with child and back support for him. If I didn't know about the child is back support neccesary? And if I know that that he would be better off living with me can I file to become the custodial parent since she just wants the money and not for him to see me?
Submitted: 3 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 3 years ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand your situation and concern. The court may order a parent to pay retroactive child support if the parent:

1)has not previously been ordered to pay support for the child; and
2)was not a party to a suit in which support was ordered.

Since you were never married to the mother, child support could be ordered to the date the child was born, plus prenatal and postnatal expenses not covered by insurance. However, the court will usually limit the amount of retroactive child support to an amount that does not exceed four years of support. The court must consider the following items in deciding whether retroactive child support should be ordered:

the resources of the non-custodial parent (obligor);
whether the mother had made any previous attempts to notify the obligor of his possible paternity;
whether the obligor had knowledge that he might be the father;
whether the order of retroactive child support will impose an undue financial hardship on the obligor or his family; and
whether the obligor has provided any actual support or help pay for the needs of the child before the lawsuit was filed.

As the father, you also do have legal rights to the child. In order to gain full custody of the child, you would have to file a petition/motion with the court, showing that it is in the child's best interest, to be removed from the care of the mother and placed with you. Seeing how the child is 7 years old, it would be extreme if the child was placed with you, if there no relationship has been established yet. You can certainly ask to be awarded visitation and then proceed to overnight visitation and eventually shared custody of the child, if you desire. However, I want to be upfront and honest, that the Judge is just not going to place the child with you, after all this time and just finding out about him. Even though she may not want him to see you, that is up to the Judge to decide, if she will not cooperate.

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Expert:  FamilyAnswer replied 3 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!