Custody hearing questions

[Larue60]

What is the name of your state (only U.S. law)? Mississippi
My baby's dad has served me with papers asking for full custody, child support and attorney fees.
He was not Happy when I told him I was pregnant and he was not a part of the birth or the first 18 months if baby's life.
Now he had filled summons but he said on papers that my son and I were residents of MS and had lived here for more than 6 months, but we had only lived in MS for 6 weeks at the commencement of the action.

We have not gone to court and as a single parent according to MS I am still sole custodial parent with full custody.
The fact that this was not out home state when he filled, can I have the case dismissed?
He knows we had just moved here when he filed and signed it under penalty of perjury.
I'm worried any not experienced with custody but I think the papers have to be truthful.

 

[Larue60]

Plus we were still Texas residents where my son was born, I just sold my house and moved to MS but we were not residents of MS yet.

 

[Ohiogal]

Plus we were still Texas residents where my son was born, I just sold my house and moved to MS but we were not residents of MS yet.

The child therefore has NO home state and because of that MS can take control. Why are you attempting to punish dad for filing in the state where you both currently live?

 

[Proserpina]

What is the name of your state (only U.S. law)? Mississippi
My baby's dad has served me with papers asking for full custody, child support and attorney fees.
He was not Happy when I told him I was pregnant and he was not a part of the birth or the first 18 months if baby's life.
Now he had filled summons but he said on papers that my son and I were residents of MS and had lived here for more than 6 months, but we had only lived in MS for 6 weeks at the commencement of the action.

We have not gone to court and as a single parent according to MS I am still sole custodial parent with full custody.
The fact that this was not out home state when he filled, can I have the case dismissed?
He knows we had just moved here when he filed and signed it under penalty of perjury.
I'm worried any not experienced with custody but I think the papers have to be truthful.

What's your goal here?

What is it you would like to happen?

 

[Larue60]

As I stated the dad stated on the Summons that we were both MS residents and have lived in MS for more than 6 months. MS law says no custody action can be filed until the child has lived in MS for longer than 6 months.
My son was still on Texas medicaid till the end if the month, 3 weeks before dad filed papers.
I don't want to get in trouble if MS judge asks why the passports day I lived here when I did not for 6 months.
I do not want any mistake on the court documents that will cause this case to drag out for years.
My taxes were filed in Texas in April, then in June dad says on court papers that I've lived here for 6 months which would have created an error with me filing as a full year resident in Texas where I was employed and lived for the past 4 years.
I am giving him overnight weekend visitation, my son needs to know his dad, even tho his dad didn't want him till now suddenly.
As a paralegal, I know that mistakes on court papers can cause problems, I just asked if the case needed to be cancelled and redone with proper dates and info.

 

[Larue60]

Sorry typo. I meant "papers say" not passport day??? Crazy predictive text.

 

[Proserpina]

That's called "an amendment", not "dismissal".

 

[Larue60]

I'm not sure why the dad now wants FULL custody when he refused anything to do with the baby except to send multiple emails saying he didn't want a child, he knew he should have worn a condom and that I was going to lose the baby, etc.
He knew I couldn't afford an attorney when I moved here since I was in medical school and receiving no child support, tight budget.

My son cries hysterically when I hand him over every weekend, which is more than MS standard visitation but I'm trying to be fair, even tho I'm not sure what his goal is in trying to get full custody.
I'm a good mother and I have a email from dad saying my son is healthy and happy and at the end of the day that's all that's important, I would never try to take a child from its mother, then 10 days later, I got served. I'm not sure how to react or what my rights are.
He is married now and his wife has made bad comments about the baby, or so he told me. I don't know anything about her and I should know any woman who has my child, in my opinion.
I just need some advice.

 

[Larue60]

Since dad is asking for child support perhaps that's his goal since I will be making a good salary. I would hate to think that is his reason but it's very puzzling to me. I'm not sure this is in my sons best interest at 2 years old.

 

[Zigner]

When you left TX, did you intend to permanently move to MS, if yes, then MS is likely proper.

 

[Proserpina]

I'm not sure why the dad now wants FULL custody when he refused anything to do with the baby except to send multiple emails saying he didn't want a child, he knew he should have worn a condom and that I was going to lose the baby, etc.
He knew I couldn't afford an attorney when I moved here since I was in medical school and receiving no child support, tight budget.

My son cries hysterically when I hand him over every weekend, which is more than MS standard visitation but I'm trying to be fair, even tho I'm not sure what his goal is in trying to get full custody.
I'm a good mother and I have a email from dad saying my son is healthy and happy and at the end of the day that's all that's important, I would never try to take a child from its mother, then 10 days later, I got served. I'm not sure how to react or what my rights are.
He is married now and his wife has made bad comments about the baby, or so he told me. I don't know anything about her and I should know any woman who has my child, in my opinion.
I just need some advice.

You don't actually have the right to get to know her; the court trusts both parents to make sure their child is safe.

Many young children are going to cry at pick up and drop off - 99 times out of 100 they're fine by the time they leave the parking lot. It's natural. It's what they do. Dad will probably tell you the exact same thing happens every time he brings your son home.

 

[Ohiogal]

As I stated the dad stated on the Summons that we were both MS residents and have lived in MS for more than 6 months. MS law says no custody action can be filed until the child has lived in MS for longer than 6 months.
My son was still on Texas medicaid till the end if the month, 3 weeks before dad filed papers.
I don't want to get in trouble if MS judge asks why the passports day I lived here when I did not for 6 months.
I do not want any mistake on the court documents that will cause this case to drag out for years.
My taxes were filed in Texas in April, then in June dad says on court papers that I've lived here for 6 months which would have created an error with me filing as a full year resident in Texas where I was employed and lived for the past 4 years.
I am giving him overnight weekend visitation, my son needs to know his dad, even tho his dad didn't want him till now suddenly.
As a paralegal, I know that mistakes on court papers can cause problems, I just asked if the case needed to be cancelled and redone with proper dates and info.

That is not quite right about MS law due to the UCCJEA and how it defines home state.

 

[LdiJ]

Since dad is asking for child support perhaps that's his goal since I will be making a good salary. I would hate to think that is his reason but it's very puzzling to me. I'm not sure this is in my sons best interest at 2 years old.

Its more likely that his goal is to not pay child support to you. Its also possible that his wife is really the one pushing this. He may hope to intimidate you into agreeing to a 50/50 timeshare with no child support. The whole asking for attorney fees bit is a bit ridiculous. That almost never happens in family law cases unless its to punish someone for filing a frivolous suit.

Its a mistake to give dad every weekend. You will find, fairly soon, that you need to have weekend time with the child too. Make it every other weekend and then give dad some weekday time if you feel that you need to be more fair.

 

[stealth2]

It's usually wise to ask for more so there is room to settle for what is actually desired. And almost every lawyer will suggest asking for legal fees - don't get whatever you don't ask for kind of deal.

LDi may be right in that he may be looking to reduce/remove child support.

And... the every weekend thing really isn't a great idea. As stated, you will want w/e time with the child, but you are setting the status quo and paving the way for a 50/50 time split.

Most of your arguments - didn't want a baby, etc. are moot. You have been giving him unsupervised time, so you are telling the court that you consider him fit and capable to care for your joint child.

And do NOT bring up the condom thing - you were (or should have been) just as responsible for birth control.