Unmarried and wants joint cusody

[ahnong/russell]

What is the name of your state? Tennessee

My fiance has two kids with his ex-girlfriend, never married. Isaiah,5,just started kindergarden and Nia,2,is in daycare. We are starting a life together and want everything done legally. He has written up a petition for joint custody but she has not responded to it so we will have to go to court. Now she has mentioned that she wants custody of the kids and to move out of state. She stated that she wants to go to part time work and take Nia out of daycare so she can receive child support from their dad. Dad has taken care of both kids finacially since birth. What rights does dad have and is there a chance of mom getting custody and dad paying child support???

 

[xKellyx]

Have the children ever lived with him? Do they live with him now?

 

[stealth2]

Has he ever established paternity through the legal channels required in TN?

 

[ahnong/russell]

No, they have never gotten a paternity test done. Forgot to mention that dad has moved in with me, have lived together for about 3 months now. Does the fact that we live together change anything? Mom and dad have the kids equal amounts of time at the moment.

 

[LdiJ]

No, they have never gotten a paternity test done. Forgot to mention that dad has moved in with me, have lived together for about 3 months now. Does the fact that we live together change anything? Mom and dad have the kids equal amounts of time at the moment.

Even with joint custody the parent with the higher income generally ends up paying some child support.

 

[xKellyx]

No, they have never gotten a paternity test done. Forgot to mention that dad has moved in with me, have lived together for about 3 months now. Does the fact that we live together change anything? Mom and dad have the kids equal amounts of time at the moment.

The courts are most likely going to have a problem with you two living together, it's immorral blah blah blah.... and illegal in some states, although no one enforces it. My advice, get married or someone has to move out.

 

[jslopez711]

The courts are most likely going to have a problem with you two living together, it's immorral blah blah blah.... and illegal in some states, although no one enforces it. My advice, get married or someone has to move out.

What states are those xKell?

 

[xKellyx]

What states are those xKell?

mine for one, anyone on here can tell you that.

 

[ahnong/russell]

We plan on getting married not too long from now . . . I didn't know it was illegal to live with someone who has kids?

 

[xKellyx]

We plan on getting married not too long from now . . . I didn't know it was illegal to live with someone who has kids?

Thats only in some states, something you should definetly look up. I live in Alabama, and I found it out through my lawyer causing my to move my wedding up a whole 6 months. They could of taken my child away through DHR just because I lived with my b/f. Too bad they never found out about that law before I did.

It's only bad if the kids are living with you, too. If not then there can be no overnight visits with the opposite sex while the kids are there. If you b/f wants custody then either you have to move out or time to get hitched. You can be there with him as long as the kids aren't there.

 

[LdiJ]

What states are those xKell?

Someone proved that it was illegal in I think NC (correct me if that is the wrong state) not too long ago, AND that NC actually still used the law.

 

[ahnong/russell]

Well, I will definitely look into that law. . . thanks. I just don't want this girl to take advantage of their dad. Her motive is just to get money from dad and I believe that she will use child support money for other things than the kids. She is not doing things for the sake of the kids but for her own selfish reasons. . .