custody

Hello...

I don't know where to start, well...I'll start from my beginning. The father of my child and I were never married. I got pregnant in Aug. of 1997. I told him the child was his. He left me on Jan. 1st, 1998. I have been raising my daughter since May 1998. In May 2000, he got a DNA test and found out our daughter is his. Now, without a custody agreement I have allowed him to see Rian, our daughter. He has seen her at the most 10 times, and has not shown up at least 5 times. He's moving to Florida in Sept. and asked to take her for 3 weeks. I kindly told him I thought it was too soon since she barely knew him and would be traumatic since she wouldn't know anyone else. Now, he's contacted his attorney. I am wondering if any of this can result in limited visitation for him...or if the child can be taken from me. The reason is, is that I do not earn a regular paycheck, per say. I am a live-in housekeeper/nanny for my roommate for our room and board. I am moving to a new apt soon and getting a real job. I am worried because I have everyone telling me two sides. Saying he can get her and saying he can't get her. I am also wondering when he gets visitation, because that's inevitable, do you think he can get her for months at a time...especially since he's moving out of state? I am worried as heck, and wondering. Thank you very much.

Stressed out mom

Do NOT allow him to take the child. In fact, I would not allow him to have the child at all. Without a court ordered custody agreement he could refuse to return the child and there would be nothing you can do about it immeditately. Also, if he takes the child to FL, he could refuse to return and then file for full custody in FL.

Only allow visitation when you have a court order. When he moves to FL, visitation will be fewer, but longer in during. He will have to pay for all travel expenses. For that age of a child, it is unlikely he would be able to get a court to let him have her for more than a few days at a time.

Legal Beagle,

thank you so very much. I do appreciate it. I wanted to ask one thing, though...do you think it's possible for him to get most custodial rights? I'm a good mom, I don't do drugs, I am not a criminal, I don't abuse her...I just don't have a "regular" paying kind of job. Anyway, thank you again. Thank you.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by angelfly:
Legal Beagle,

thank you so very much. I do appreciate it. I wanted to ask one thing, though...do you think it's possible for him to get most custodial rights? I'm a good mom, I don't do drugs, I am not a criminal, I don't abuse her...I just don't have a "regular" paying kind of job. Anyway, thank you again. Thank you.<HR></BLOCKQUOTE>

My response:

LegalBeagle has given you EXTREMELY sound and solid advice. I couldn't have done better myself. All because you don't have a regular paying job, doesn't mean your any less of a good mother. So, the answer is simple - - he'll obtain visitation, but on your terms, not his. So, as the Beaglemeister says, get that court order for visitation and child support AS SOON AS POSSIBLE, because that's your best, and only, insurance for protection under the law. For example, if he were to take your child to Florida, and the order disallowed it, he could be held to a kidnapping charge. However, more than likely, a yearly Florida stint could be ordered, but again, if the visit lasted longer than the order says, it's kidnapping, jail, and monetary sanctions for violating the court order. So, get to an attorney and start the paperwork, pronto.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Thank you I AM ALWAYS LIABLE
I have been trying to get legal aid to call me, but they havent as of yet. I don't know of any attorneys in my area...Las Vegas...who will help me without a retainer fee. I do thank you very much, it is much appreciated.