CHILD CUSTODY AND VISITATION RIGHTS

[JUICEY]

FATHER REFUSE TO SIGN BIRTHPAPERS IN HOSP.AND THE HOSP.RECORDED IT.MY SON IS 2YS.OLD AND THE MOTHER AND FATHER IS NOT MARRIED TO EACH OTHER-BOTH ARE SINGLE AND RELATIONSHIP IS BROKEN.I SUED THE FATHER IN COURT FOR
CHILD SUPPORT. THE COURT PUT CHILD SUPPORT ON RESERVE BECAUSE THE FATHER IS ON SSI. THE FATHER HAS CONTINUE TO VISIT HIS SON ANY DAY HE CHOOSE WHICH HAS NOT BEEN MUCH AND OUR SON THINKS HE JUST A VISITOR TO OUR HOME. BUT NOW HE IS SUEING ME FOR PRIMARY CUSTODY AND VISITATION RIGHTS,BECAUSE I REFUSED TO ALLOW HIM TO TAKE THE CHILD AWAY FROM THE HOME ALONE. I AM LIVING ON SSI AND I HAVE ANOTHER CHILD FROM ANOTHER MAN WHOM GIVES CHILD SUPPORT FOR THAT CHILD. I DO WANT MY SON TO KNOW HIS FATHER AND TO HAVE A LOVING RELATIONSHIP,BUT I WANT ALL VISITATION TO BE AT MY HOME ONLY.THE FATHER SAYS HE CANNOT HELP ME CARE FOR OUR SON BECAUSE HE CANNOT AFFORD IT. ALSO THE FATHER SAYS HE HAS SEIZUIRES AT LEAST ONCE A WEEK.AND I SUFFER WITH ARTHRITIS . I CANNOT AFFORD A LAWYER AND I WENT TO LEGAL AID AND THEY CAN ONLY HELP ME TO FILL OUT RESPONSE TO SUMMONS PAPER,PLEASE GIVE SOME ADVICE OF HOW TO DEFEND MYSELF. PLEASE,PLEASE HELP ME.

 

[LegalBeagle]

How is he 'suing' you for these things if he has no money ? Also, he can not petition for primary custody AND visitation. Have you received any court papers yet ?.

With his medical condition it is highly unlikely he could 'win' physical custody of the child but may get overnight visitation. For this you need to argue that he is not fit enough to care for the child.

It is good that you do not allow him to take the child away, without a court order, he can refuse to return the child and there is nothing immediate you could do about it.