<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by lilstar:
How about of just getting the custody of my daughter without asking child support? So my xboyfriend/other parent will not bother us anymore. He only saw his daughter once and wanted to have her every other weekend without any legal preceeding. She was only 2 months old and also said that he doesn't want me around when he's with the baby. By the way, I lived in CA. Can you please help whats the best way to do this. I am also unemployed at the moment and just getting disability checks. Am I going to have a problem because I am not employed at the moment? Now my daughter is 3 mos. old , we havent heard anything about him. I have already have a case no: for a child support at the D.A. If I cancel my case, can I still file again? Pls. help me.<HR></BLOCKQUOTE>
First of all.. until the baby is a certain age, and your ex can prove he is competent at handling a baby, do not allow him to take the baby away from you. Few judges would grant visitation to the point where a baby is taken away from the mother. Also, under no circumstances allow him to have the baby without your presence until you have a court order stating you have physical custody of the child.
You pose some difficult questions, and most of them are not really legal. The child is only 3 months old so there is a chance that he might want to build a relationship with the child in the near future. Also, you are on disability and I am sure you could need to be money, if not you, then the baby. Not being paid Child Support will effect any government aid that you apply for in the future. Furthermore, since you have not even filed papers for custody then this is going to stir things up anyway.
Personally, I would file for custody (physical) of the child and continue through with the Child Support. It will then be up to him if he wants to pay, or have anything to do with the child and your actions after that depend on his action. In the event that he wants visitation, ensure it is short and supervised until he proves himself.
Being unemployed should not give you any problems except have less money available for an attorney.