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Category: Family Law
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I have a carrying a baby from a married man. Although the father

Customer Question

I have a carrying a baby from a married man. Although the father wants nothing to do with the situation or the child his wife is pushing for joint custody because I was thinking about putting him on child support. She said her financial affidavit will reflect in court that they don't have the money for child support and she is certain that they will have joint custody. When they take me to court the father is going to say whatever she wants him to in regards XXXXX XXXXX joint custody. He wont admit that he wants nothing to do with the child. Can they really get joint custody of my baby, the one I gave birth to and carried for 9 months even though he is the father?? I thought all he would be able to get is visitation rights.. Isn't joint custody basically the 6 month split?I have my baby 6 moths and they will have the baby the other 6? To me it just doesn't seem right that I have to play the role of a part-time mother and only have my baby for half a year. Do you think they could win this case? I'm so scared of losing my child to this. I am a single parent and she feels she has the higher advantage being that she has a husband and kids. I am staying with my mother and father with a marriage of almost 30. I work and im in school. So even though I'm single i am not unfit to support my child.. and the only reason she is pushing for joint custody is because she knows then that he wont have to pay child support. What is going to happen here? All of this is making me think abortion.. Im so stressed out right now.. I do not want my baby part time!
Submitted: 4 years ago.
Category: Family Law
Expert:  CalAttorney2 replied 4 years ago.

William B. Esq. :

Dear Customer, I am very sorry to learn of this situation. If my understanding of your question is correct, this child is not yet born. If that is the case, I will be unable to provide you with very much concrete information as far as how the joint custody would work or child support. I would advise that you contact a local attorney to discuss this case (at least to get a legal opinion as to your specific case, which I cannot offer, I am restricted to providing you with general legal information), and to assist you in planning your options. Your child would be entitled to child support from the father for the period of time it was with you regardless of the custody arrangement. Child support is generated by court formulas (this is why I cannot help you more directly with this as it takes into account income from both parents and family situations for each, including other children, spouses, earning capacity, etc.). Even if the custody decision was for 50/50 (which I cannot tell you one way or the other as family law decisions vary, and again are very fact specific - however, there is a general trend to keep very young children with their mothers - your child would still receive child support while he was with you assuming the father was the higher wage earner).

William B. Esq. :

I hope that this is helpful, I wish that I could provide you with something more concrete, or more specific to your situation, but in almost all cases such as the one you describe, the threat that the child will be taken from you for 50/50 custody immediately is highly unlikely, and the father will more likely than not be required to pay child support. As the child gets older, custody arrangements may change, but it is unlikely an infant will be separated - a local attorney will be able to give you a much better answer for what local courts are doing in your specific jurisdiction. You may be able to contact one for a consultation of an hour or less - look for a solo practitioner or a small firm as they are generally more flexible.

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William B. Esq. :

Dear Customer, I see you have rated my service badly, is there something I can address to better assist you. I truly do want to help you as best as possible.

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