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HELP! child support & legal guardianship for wedlock child?

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dimsumwong

Guest
What is the name of your state? California

Hi,

My girlfriend has a 3 year old child that was born out of wedlock. The biological father's name is on the birth certificate and he acknowledges the child as his. She and the father lived together for 2 years and then separated.

My question is who has legal guardianship over child? The mother or the father, or both? And would she be able to collect child support in either case?

The father visits the child once every other week and he currently has a verbal agreement to provide the mother with a bank account in which he will maintain a minimum balance. Would this affect the child support payments?

Thanks
 


splcstr2001

Junior Member
Hope I can help!

If he is on the B/C and has acknowledged paternity, absent a court order, they both have equal rights.
I don’t know what kind of person he is, but, lets just say that he has the child one weekend and decides that he no longer likes the agreement, or, he and the mother get into an argument…he may keep the child and file for temporary custody.
At that point all the mother can do is sit on her hands.
I highly suggest court ordered visitation and child support.
He may be a “super guy” whom she trusts greatly, but funny things happen to”super guys”, and gals………………i.e
1.New girlfriend or wife
2.New Job
3.New friends
4.Makes more money, new status………..Get it?
These are just some examples of things that may alter ones feelings, emotions, attitude, etc.
Only a very select few can agree verbally and make it work. My sister is one of those people. But, she and her ex are great, mature people that put their daughter first.
His agreement to keep her account going does not affect the child support. But, I would bet that if he is ordered to pay support that whatever blanket of generosity, or lack thereof, he feels he is contributing with that account will cease.
No worries though, it will be replaced by support payments.
 

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