• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

custody with unwed parents-visitation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

belaboopa

Junior Member
What is the name of your state (only U.S. law)? Colorado

I have a one month old son. I am not married to the baby's father. In fact, the relationship had ended before I discovered that I was pregnant. I was 39years old, on birth control pills, and because of irregular bleeding, I was almost 12 weeks pregnant before I realized that I was. I did consider an abortion, but because of medical issues, I could not have one in an outside clinic. It would have to have been done in a hospital setting, costing $4-5,000 and I could not afford it. Though he told me I "better get rid of it", he offered and refused any assistance because "this was my problem."

I have a 5 year old son and he has a 4 year old who go to school together, which is how we met. There was not alot of communication throughout the pregnancy. The communication that we did have was threatening on his part. He said that if I had this child, he would do everything in his power to make sure I lose custody of my older son. He spread some pretty malicious lies and contacted my older child's father, in his attempt to do this. I did tell him that I was considering adoption and his response was "IF this child is mine (which there is absolutely no doubt that it is), you BETTER let somebody else raise him." I didn't approach or make any attempt at speaking to his son about this or anything else, when I see him at our children's school. His son and I were very close and naturally, he does try to speak to me when I see him at school, however I have NEVER done anything even remotely inappropriate regarding this situation. This has been chaotic enough on BOTH of our children and I don't want the drama to affect either of them anymore than it has to.

I was pretty conflicted and disconnected from this pregnancy throughout because I wasn't sure of what decision to make. During the last 3 months of pregnancy, some complications were discovered and I began seeing the doctors twice a week and having weekly ultrasounds. I was also on bedrest. It was during this time that I decided that I would raise this child. Dad did show up unannouced at my door about 3 weeks before I delivered "to make sure I was ok." I assurred him that I was and he basically asked me the same question for about 5 minutes, then left.

I did let him know that our son was born. I have never spoke about child support, but did tell him that if he wanted to see him, he could. I only asked him to not "just show up" and to be please let me know ahead of time, if he did want to meet him. He ignored this and has not seen or met him. Since then, the only messages that I have received from him, is that "the day the state obligates him to pay child support, his family (he has since reconciled with his son's mother), he and his family will fight to take custody of our son away from me." Other than the mention of my possibly asking for child support, he has made no attempt, nor any desire to see his son. During the pregnancy, he repeatedly said that this child would grow up without a father.

I understand that parents change their minds about things, once a child is really here. I would have no problem and obviously want my son to have a relationship with his father. What concerns me is this threat of custody only related to "spite" with the possibility of child support. If I request child support-- which I feel my son is entitled to and would be selfish and irresponsible on my part to not ask for. In this situation, with an infant that has not even been exposed to another parent and assuming that until I do request child support (which I know would take several months to a year, for the courts to impose) would still not know his father in anyway, would visitation be graduated? Meaning, from smaller visits with myself involved to unsupervised visitation with his Dad and his family? Also, would the courts consider his uninvolvement and repeated statements of not having anything to do with the pregnancy, his son and also his threats of trying to make me lose custody of my older son? His older son adores me. We were very close and I love him, though like I said, I've never and would never inolve him in this. I don't speak about the baby's father to my older son, though I think he might still think it is who it is, it isn't a subject we talk about. I know that he would go to school and talk about it and that's ok right now, with all the unknowns.

So what would the likely outcome of court ordered visitation be in this situation? I want my son to know and have a Dad. I don't want this to be traumatic for my child and I want the most healthy outcome possible for my son's sake. The "spite" and threats bother and worry me. I understand that the future can't be predicted, but only ask what the typical legal outcome is, in these situations.

Sorry for the long post. I've read alot here, but have never posted and wasn't sure of how much info to give.

I thank any and all in advance!
 


Proserpina

Senior Member
Once legally established as Dad, if he files for visitation he will likely get a graduated schedule at first of short, supervised visits at your home (or a neutral third party if you're not comfortable).

This will eventually lead up to longer periods, unsupervised.

You have every right to file for child support but you are obviously aware that doing so often triggers the other party into filing for joint custody etc.

The court generally isn't interested in what happens between the parents during pregnancy.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Colorado

I have a one month old son. I am not married to the baby's father. In fact, the relationship had ended before I discovered that I was pregnant. I was 39years old, on birth control pills, and because of irregular bleeding, I was almost 12 weeks pregnant before I realized that I was. I did consider an abortion, but because of medical issues, I could not have one in an outside clinic. It would have to have been done in a hospital setting, costing $4-5,000 and I could not afford it. Though he told me I "better get rid of it", he offered and refused any assistance because "this was my problem."

I have a 5 year old son and he has a 4 year old who go to school together, which is how we met. There was not alot of communication throughout the pregnancy. The communication that we did have was threatening on his part. He said that if I had this child, he would do everything in his power to make sure I lose custody of my older son. He spread some pretty malicious lies and contacted my older child's father, in his attempt to do this. I did tell him that I was considering adoption and his response was "IF this child is mine (which there is absolutely no doubt that it is), you BETTER let somebody else raise him." I didn't approach or make any attempt at speaking to his son about this or anything else, when I see him at our children's school. His son and I were very close and naturally, he does try to speak to me when I see him at school, however I have NEVER done anything even remotely inappropriate regarding this situation. This has been chaotic enough on BOTH of our children and I don't want the drama to affect either of them anymore than it has to.

I was pretty conflicted and disconnected from this pregnancy throughout because I wasn't sure of what decision to make. During the last 3 months of pregnancy, some complications were discovered and I began seeing the doctors twice a week and having weekly ultrasounds. I was also on bedrest. It was during this time that I decided that I would raise this child. Dad did show up unannouced at my door about 3 weeks before I delivered "to make sure I was ok." I assurred him that I was and he basically asked me the same question for about 5 minutes, then left.

I did let him know that our son was born. I have never spoke about child support, but did tell him that if he wanted to see him, he could. I only asked him to not "just show up" and to be please let me know ahead of time, if he did want to meet him. He ignored this and has not seen or met him. Since then, the only messages that I have received from him, is that "the day the state obligates him to pay child support, his family (he has since reconciled with his son's mother), he and his family will fight to take custody of our son away from me." Other than the mention of my possibly asking for child support, he has made no attempt, nor any desire to see his son. During the pregnancy, he repeatedly said that this child would grow up without a father.

I understand that parents change their minds about things, once a child is really here. I would have no problem and obviously want my son to have a relationship with his father. What concerns me is this threat of custody only related to "spite" with the possibility of child support. If I request child support-- which I feel my son is entitled to and would be selfish and irresponsible on my part to not ask for. In this situation, with an infant that has not even been exposed to another parent and assuming that until I do request child support (which I know would take several months to a year, for the courts to impose) would still not know his father in anyway, would visitation be graduated? Meaning, from smaller visits with myself involved to unsupervised visitation with his Dad and his family? Also, would the courts consider his uninvolvement and repeated statements of not having anything to do with the pregnancy, his son and also his threats of trying to make me lose custody of my older son? His older son adores me. We were very close and I love him, though like I said, I've never and would never inolve him in this. I don't speak about the baby's father to my older son, though I think he might still think it is who it is, it isn't a subject we talk about. I know that he would go to school and talk about it and that's ok right now, with all the unknowns.

So what would the likely outcome of court ordered visitation be in this situation? I want my son to know and have a Dad. I don't want this to be traumatic for my child and I want the most healthy outcome possible for my son's sake. The "spite" and threats bother and worry me. I understand that the future can't be predicted, but only ask what the typical legal outcome is, in these situations.

Sorry for the long post. I've read alot here, but have never posted and wasn't sure of how much info to give.

I thank any and all in advance!
It is a rather "knee jerk" reaction for a father to file for custody of an infant once he gets hit up with potential child support. Judges do recognize this however.

Yes, it would be quite normal for dad to get a phased in parenting schedule, where he would have to start out visiting in your home and would gradually work his was up to either standard or shared parenting time.

However, to give you some purely personal advice, I would really recommend that you hold off a bit on filing for child support to allow emotions to calm, particularly if you can manage without it.
 

belaboopa

Junior Member
I've thought long and hard about all of this. Honestly, I don't WANT his financial support. I'm already a single mom supporting myself and other child and no it's necessarily easy, but we're ok. I've set up an appointment for WIC, for assistance with formula, because of my medical issues, I can't nurse. However, from my past experiences, I know that the courts and child support enforcement wouldn't feel this was MY choice to make and that my son is entitled to financial support from his father.

WOULD it be considered irresponsible of me to not request child support? I'm not going to withhold my son from his Dad either way. I'm not suggesting that without any legal standing that I would just hand our son over and let Dad do as he wish without any court orders to protect myself and son, but I would let him spend time with him. Of course, as in the situation of most people, the financial support would emmencely (did I spell that right?) help, but I can and will do whatever I need to do to provide for my family. I just want to do the right and responsible thing for my son.
 

Proserpina

Senior Member
I've thought long and hard about all of this. Honestly, I don't WANT his financial support. I'm already a single mom supporting myself and other child and no it's necessarily easy, but we're ok. I've set up an appointment for WIC, for assistance with formula, because of my medical issues, I can't nurse. However, from my past experiences, I know that the courts and child support enforcement wouldn't feel this was MY choice to make and that my son is entitled to financial support from his father.

WOULD it be considered irresponsible of me to not request child support? I'm not going to withhold my son from his Dad either way. I'm not suggesting that without any legal standing that I would just hand our son over and let Dad do as he wish without any court orders to protect myself and son, but I would let him spend time with him. Of course, as in the situation of most people, the financial support would emmencely (did I spell that right?) help, but I can and will do whatever I need to do to provide for my family. I just want to do the right and responsible thing for my son.


Well, there's no law saying you absolutely must file for child support.

But bear in mind that if you receive any cash assistance from the State, the State will require you to name the father and they'll go after him themselves.

Personally, I'd file. But that's just me :)
 

belaboopa

Junior Member
Thanks to all for the advice. I moved a couple of weeks ago and it took a while for my internet service to be hooked up.

I have decided that yes, I will wait a couple of months, but after that I am going to file for child support. I took the summer off (receiving short term disability), due to the pregnancy and also to be able to spend more time with my older son before school starts, but once I return to work, I will indeed follow through with requesting child support.

My son is now 6 weeks old and I haven't heard a word from his Dad requesting to see or meet him. Kinda sad, but not too surprising. If anything, just seems to prove that any visitation is contingent upon whether or not he has to pay child support. As I said earlier, I would like my son to know his father, I would only ask for a graduated custody arrangement.

I've read some threads on here that say that in some states once a child support order is in place, it can be made retroactive to birth and also in some circumstances, to help with some needs that were present during pregnancy. I was on bedrest for the last 3 months of pregnancy, which made things VERY difficult financiallly. I haven't been able to find out if that is possible in Colorado. Is anybody else able to answer this question for me?
 

Isis1

Senior Member
Don't want to be pushy, but still wondering in anybody has any answers for my question?
For some odd reason, i do believe CO was one of those states. Wait for another poster, Silverplum, who if i remember correct is a CO resident, might know.

It's perfectly acceptable to bump your thread once in awhile:)
 

belaboopa

Junior Member
Pretty new here...

How do you "bump" a thread? Don't want to appear pushy, as this is clearly not a pressing issue at this time. I'm just trying to be prepared.
 

frylover

Senior Member
"Bumping" your thread is what you just did...posting to your own thread so that it gets "bumped" up to the top of the list. :D The threads with the most recent replies are top of the list.
 

belaboopa

Junior Member
Silverplum?

Somebody mentioned that they thought you were a resident of Colorado. Could you possibly answer my questions regarding child support once it is established?

I appreciate any and all help!
 

belaboopa

Junior Member
New Question

My 7 week old son was admitted to the hospital today. He gained 2lbs in 2 weeks and is now beginning to lose weight.

As previously mentioned, Dad has not met son, nor expressed any intentions of doing so.

Since this will obviously end up in court, would it behoove me to make Dad aware that our son is in the hospital? I want to be able to prove that I did make his father aware of important things, whether he says he cares or not. He's already stated that if he has to pay child support, he will fight to get him away from me, custody wise. Kinda hard to say to a judge that yes, I want full custody, but didn't care when he was in the hospital, wouln't ya think?

Any thoughts or advice?
 

LdiJ

Senior Member
My 7 week old son was admitted to the hospital today. He gained 2lbs in 2 weeks and is now beginning to lose weight.

As previously mentioned, Dad has not met son, nor expressed any intentions of doing so.

Since this will obviously end up in court, would it behoove me to make Dad aware that our son is in the hospital? I want to be able to prove that I did make his father aware of important things, whether he says he cares or not. He's already stated that if he has to pay child support, he will fight to get him away from me, custody wise. Kinda hard to say to a judge that yes, I want full custody, but didn't care when he was in the hospital, wouln't ya think?

Any thoughts or advice?
You should let him know. He may not care or may not do anything, but you should let him know.
 

belaboopa

Junior Member
You should let him know. He may not care or may not do anything, but you should let him know.

I thank you LdiJ for the advice. I did call and had a sweet and brief conversation with Dad. He actually thanked me for calling! Regardless of the outcome, I know that I did the right thing.

Btw.. little one is doing well. He had gained more than enough weight by his 2week check up, but within the next week, he started sleeping through the night. By missing those feedings, he stopped gaining. We were in the hospital for almost 4 days, he went from 6.12 to 7.7. Back to midnight feedings, but such a small, small price to pay!

I was planning on returning to work within the next month, but both doc and I agree that we should wait another month or so, just to get to weight steady. I will probably be dealing with the child support issue sooner than later, due to not being able to return to work as soon as I would like.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top