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stevexo
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience:  30 years helping those with Family legal needs
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A friend just had a baby with a man she is no longer dating.

Customer Question

A friend just had a baby with a man she is no longer dating. He has signed the birth certificate. Though he originally agreed to child support, he has neither sent her any support over the course of the pregnancy, nor has he paid anything or bought anything since the baby was born three weeks ago. The baby's mother filed a petition with the Texas Attorney General's Child Support Division to establish and collect child support. When the father received the notice, he and his father began threatening to sue for full custody or, if that didn't work, joint custody so that he "wouldn't have to pay child support." The words in quotes are his words. His father, the grandfather, has told the mother if she will just drop the suit and trust them, that they will provide her with a car and will take care of the baby financially. Is this illegal? It sounds like he's trying to bribe her into dropping the case. They are extremely hostile even going so far as to tell her if she doesn't stop posting certain things on Facebook (none of the posts calling them out or personally aimed at them) that it will come back to "bite [her] in the ass." The baby is three weeks old and is a breastfed baby. The mother is terrified he will get joint custody when he hasn't even visited the baby once even though she's offered to let him see the baby any time he wants. The baby's father's parents want visitation on their terms, never being willing to work with the baby's mother and sent her a text this weekend that said to let them know "when [she] wasn't so damn busy."
Submitted: 11 months ago.
Category: Family Law
Expert:  stevexo replied 11 months ago.
32 years of family law litigation. Understanding of your concerns,and a good legal knowledge base. She needs to get child support through the court as she was planning on doing, as she is entitled to it. If he has not been in this child's life at all, there is no way he is going to get custody, that is just an idle threat.Also, no court will allow her to raise that child, and not order him to pay support. There is always the possibility that he could get joint custody, but that does not mean he does not pay any support.As even with true shared custody, the one party who has the greater earning ability still pays some support, it is just not at the same amount as if she had sole custody. What he has asked her to do is not a crime or illegal, it is just stupid, as he will not get custody under the facts you have presented. For now let her continue with the Attorney General and get court ordered support. After that occurs she can always modify the award if they work something else out, but no court allows a non custodial parent to pay nothing.If he is really willing to take care of her and the child, then let him start by paying the support she is seeking. Sincerely, Steve
stevexo, Family Law Attorney
Category: Family Law
Satisfied Customers: 1000
Experience: 30 years helping those with Family legal needs
stevexo and 5 other Family Law Specialists are ready to help you
Expert:  stevexo replied 11 months ago.
Thank you! Remember in the future if you ever desire to use me specifically again, you can always ask for me by by screen name stevexo, and the question will go directly to me. Sincerely, Steve

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