A couple of Questions

[Silverplum]

I didn't ignore your post, I promise. I was probably still on the screen to post a new one when your original one was posted (looks like there was a 5-minute time lapse - very possible I switched over attend to something else momentarily). Before I wrote, I read everything that was available to me at that time. I was in no way telling the poster exactly what their legal course of action should be since I fully acknowledge that I do not know the laws and could possibly even have a difficult time interpreting them correctly in some cases. I just know that sometimes another's response of a similiar situation, even if it doesn't exactly apply to your state's laws can help ease the mind somewhat. I apologize if I offended or irritated anyone, certainly was not my intention. I just feel for some of the posters and even if I can't offer sound legal advice, some are grateful for even a little bit of support. It's my nature to want to help but I will try to keep most of my opinions to myself, I apologize again.

It's okay. It's just SO important to keep each thread about the OP's specific state laws, because what is true in Montana is not exactly true in Colorado, may be true in Texas, and is not true at all in Maine.

 

[Just Blue]

It's okay. It's just SO important to keep each thread about the OP's specific state laws, because what is true in Montana is not exactly true in Colorado, may be true in Texas, and is not true at all in Maine.

Let us not forget that Texas and Cali have very different laws. The "general" doesn't work there.

BTW// This was not a dig!

 

[JustaFriendinTN]

The clerk was speaking only about visitation - not custody.

The OP can file for a custody determination. It is up to the NCP to request visitation.

The clerk said legally, even though he signed the birth certificate and the AOP at the time of birth, I have sole custody until he files for something. With me having sole, they said there isn't much I can do as far as filing for any other custody arraignment. I couldn't reach an attorney yesterday to ask for verification of this but I will try again on Monday.

Thanks everyone for your help thus far.

 

[JustaFriendinTN]

Update and more questions

So, the child support agency determined that the amount of support would go up and then set a court date for the modification to be heard. I have just been informed that my child's father has now hired an attorney, should I hire one myself given that he has one?I know that generally you guys suggest if the other party has an attorney that it would be in the best interest for the other party to get one as well, but do I really need one for a matter of child support? Wouldn't the amount normally just depend on the numbers?

I think the main reason the other party is fighting the raise in cs is because he travels to pick our child up EOW then drives back home and drives back on Sunday. In the past, he (the father) has just stayed at his parents' home during visitation as they live about 20 miles from where I do, but now he has chosen to drive back to where he lives work during his visitation time which I have no problem with but now he is requesting that he get a credit for travel. He is the one that moved to his current location. I have always been where I am now give or take about 15 miles. Could his travel be factored in? Also, if it is can I request that they only give him a partial credit (making me responsible for 1/4 of the amount) due the fact that when he does come for visitation, he also has visitation with another child (with someone else) in the same time?

Also, is it possible that the judge may order visitation at the child support hearing since time spent with the child is factored into the child support calculations? If there is no order in place, how can an accurate amount be assessed as my child's father is claiming that he spends more than enough time with our child to get a credit to lower the amount owed? If the judge does decide that he will hear visitation at the child support hearing, can I request a continuance if I go in without a lawyer thinking that this is only a child support case, giving me time to hire an attorney? I'd really hate to hire an attorney for something as simple as child support, however if the judge will hear a motion for custody and visitation, I would like to have an attorney as well.

Thanks in advance.

 

[ecmst12]

You should get an attorney.