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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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the father of my daughters child , just called her ,wanting

Customer Question

the father of my daughters child , just called her ,wanting to pick up the baby for a week. He has not seen the child in 10 weeks. The hasn't been a court ordered visitation set. He also stopped payment last month, payment they both agreed on. He is in the navy and gets dependend housing allowance . She is also driving one of his car, which was in lew of some the support. Now he is threating her of reporting the car stolen. The reason he stopped the payment, was because he is falling behind in his bills. But he has enough money to have a boat and take it out to the bay fishing for extended weekends. At this time what should my daughter do, to protect herself on a Friday evening.
Submitted: 8 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 8 years ago.
I would be happy to try to assist you.

I just want to make sure I have certain facts straight:

1. There is no official visitation order/custody order between your daughter and her ex.

2. The ex is behind on court ordered child support.

3. Your daughter is using the ex's vehicle in lieu of past support (was this agreement in writing?).

4. What does your daughter want to do? In other words, does she want to not give up her child to the ex?


Dimitry Alexander Kaplun, Esq.
Customer: replied 8 years ago.
There is no official cout ordered child support. There is a written agreement on the money and the use of the car. No she does not want to give up the child to the father.
Expert:  Dimitry K., Esq. replied 8 years ago.
If there is no court ordered child support, then there is no formal custodial arrangement. In that situation, if the ex did not give enough notice, the daughter is free to refuse the ex the right to take the child for an over-night visit.

In addition, if the daughter wishes to make sure that no problems develop in the future (because by her refusal, it is very likely that the ex will indeed attempt to get his vehicle back, and may stop making payments), she should apply to court and make a formal custodial arrangement, as well as formal support payments (the agreement that stands now between the ex and the daughter would be reviewed and if found agreeable to both parties, it would stay valid).


Dimitry Alexander Kaplun, Esq.