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what rights do my child and I have

 
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Dudeshell



Joined: 12 May 2009
Posts: 1
State or Province: California

PostPosted: Tue May 12, 2009 11:05 am    Post subject: what rights do my child and I have Reply with quote

I am a new mommy to a beautiful 4 month old daughter. my daughter's dad just got married in January and his wife is due in June. he knew about my pregnancy since I was 4 1/2 months pregnant. He has avoided me and the pregnancy the entire time, hasn't seen his daughter once, hasn't offered to help once, and now is pissed off that the county ordered a child support order. he wants me to settle with him out of court for a set fee (1/2 of what the court is ordering thus far - not taking into account his now married status, mortgage, etc...), and saying we can work out a visitation thing. He says if we don't do it out of court he'll try to take full or most custody just so his payments are lowered. i am also currently on welfare since I don't have a job but am looking. what are my rights? since I am on welfare, do i even have a choice as to do anything out of court or not? i feel as if he is treating his daughter as a bill, not a human. my daughter is my life and i only want the best for her. any suggestions? anyone have any advice or know of someone I can talk to?
Orange County, CA
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Tue May 12, 2009 9:37 pm    Post subject: Reply with quote

First off, if you are on assistance, you can't settle out of court, since you are not taking him to court... the state is. If he wasn't there to sign the certificate, the state will demand a paternity test and he can't do anything till that is set. Second off, stop all communications via the phone... get all that he says in writing so that you can take that into court saying that he wants to only pay you half of what is ordered and if you dont' take it he will try to take the child from you so he doesn't have to pay...

Never ever speak to him via the phone regarding anything about custody or support. make sure all of that is in writing via the email.

Support and visitation are two entirely different court proceedings... and he can't get visitation settled at support court. He would need to file for that. Do yourself a favor and file for full physical and legal custody first.
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