Harassing husband, divorce, and child laws?

[urfavcowgirl]

What is the name of your state (only U.S. law)? Nevada

I am going through a divorce, he says he filed but I have yet to see any paperwork so I plan to file as well. We have a 6 year old daughter, although there is no father listed on the birth certificate, and we were married after her birth. He resides in California and I reside with my daughter and boyfriend in Nevada. He constantly sends harassing text messages threatening to physical harm my boyfriend and myself. Also he demands when he wants to take my daughter and threatens when I can not send her to him. I really just want to know my rights. I am establishing him as father for child support.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Nevada

I am going through a divorce, he says he filed but I have yet to see any paperwork so I plan to file as well. We have a 6 year old daughter, although there is no father listed on the birth certificate, and we were married after her birth. He resides in California and I reside with my daughter and boyfriend in Nevada. He constantly sends harassing text messages threatening to physical harm my boyfriend and myself. Also he demands when he wants to take my daughter and threatens when I can not send her to him. I really just want to know my rights. I am establishing him as father for child support.

Then he will stand equal to you and have constitutional rights to parent his child. When is the last time you lived with him? What have you done about the text messages? Your daughter doesn't call your boyfriend "dad", right? When you get a divorce, name the child as your mutual daughter and explain that she was married prior to the marriage -- that way there is only court case you need to deal with. Your rights are to realize that you are going to have to coparent with your husband. Your husband is on the records for the child (medical, daycare, school)?

 

[urfavcowgirl]

I dont mind working out custody, he hasnt done anything the whole 6 years she was born i was the only one working, taking care of her etc. The only thing I feel he really did is "babysit" while I was at work. She knows that my boyfriend is my boyfriend but she calls him by his name not "dad". I left him November 2013 its been over 6 months. I would like him to pay child support but he refuses to, saying he would rather buy her things but never does, aside from occasional gifts. He was on paperwork but when I moved to Nevada I did not put him on her records cause I didnt want him to come and kidnap her. He is on medication from the psych-ward for add and high levels of adrenaline, I know he take riddelin but I do not know the other medication. I havent done anything legally about the texts I just asked him to stop and sometimes he pretends to not know what I am talking other times he apologizes but then it continues. So you are saying not to file the documents stating he is father? wouldn't that affect child support?

 

[Ohiogal]

I dont mind working out custody, he hasnt done anything the whole 6 years she was born i was the only one working, taking care of her etc. The only thing I feel he really did is "babysit" while I was at work. She knows that my boyfriend is my boyfriend but she calls him by his name not "dad". I left him November 2013 its been over 6 months. I would like him to pay child support but he refuses to, saying he would rather buy her things but never does, aside from occasional gifts. He was on paperwork but when I moved to Nevada I did not put him on her records cause I didnt want him to come and kidnap her. He is on medication from the psych-ward for add and high levels of adrenaline, I know he take riddelin but I do not know the other medication. I havent done anything legally about the texts I just asked him to stop and sometimes he pretends to not know what I am talking other times he apologizes but then it continues. So you are saying not to file the documents stating he is father? wouldn't that affect child support?

A) Parents do NOT babysit. They parent.
B) If you want child support, GET A COURT ORDER. Until then, he owes you nothing.
C) So you are denying him access he legally has and thus interfering with his rights. That can come back to bite you. Did you kidnap your child? Or is that only reserved for him?
D) ADD? High levels of adrenaline? That isn't proof he is a danger at all.
E) I am not saying not to file documents stating he is the father. What I am stating is FILE for divorce and name the child as issue of the parties of the divorce and ask for child support and custody to be determined in the divorce proceedings.

 

[LdiJ]

A) Parents do NOT babysit. They parent.
B) If you want child support, GET A COURT ORDER. Until then, he owes you nothing.
C) So you are denying him access he legally has and thus interfering with his rights. That can come back to bite you. Did you kidnap your child? Or is that only reserved for him?
D) ADD? High levels of adrenaline? That isn't proof he is a danger at all.
E) I am not saying not to file documents stating he is the father. What I am stating is FILE for divorce and name the child as issue of the parties of the divorce and ask for child support and custody to be determined in the divorce proceedings.

He is not legally dad at this point. The child was born before the marriage and he isn't on the BC. She cannot interfere with his rights because he is not established as the father.

 

[Ohiogal]

He is not legally dad at this point. The child was born before the marriage and he isn't on the BC. She cannot interfere with his rights because he is not established as the father.

She has listed him as the father on records before and she recognizes him as the father. She needs to get a divorce. Imagine how the judge will react if she tries to tell him -- he is not legally the father even though I have told my child he is and he has been on paperwork before now hence the former school records transferred had him as the father. She needs to go to court and get this taken care of immediately -- THROUGH a divorce. Granted paternity has not been established but she seems to want his money bad enough. And she is still married to him.

 

[LdiJ]

She has listed him as the father on records before and she recognizes him as the father. She needs to get a divorce. Imagine how the judge will react if she tries to tell him -- he is not legally the father even though I have told my child he is and he has been on paperwork before now hence the former school records transferred had him as the father. She needs to go to court and get this taken care of immediately -- THROUGH a divorce. Granted paternity has not been established but she seems to want his money bad enough. And she is still married to him.

Of course she needs to get this taken care of. However, what records has she listed him a father on? The point I am making is that she is not violating his rights because at this point, he doesn't have any. In fact, he shouldn't agree to accept responsibility as the father without getting a DNA test first.

 

[I'mTheFather]

Of course she needs to get this taken care of. However, what records has she listed him a father on? The point I am making is that she is not violating his rights because at this point, he doesn't have any. In fact, he shouldn't agree to accept responsibility as the father without getting a DNA test first.

I dont mind working out custody, he hasnt done anything the whole 6 years she was born i was the only one working, taking care of her etc. The only thing I feel he really did is "babysit" while I was at work. She knows that my boyfriend is my boyfriend but she calls him by his name not "dad". I left him November 2013 its been over 6 months. I would like him to pay child support but he refuses to, saying he would rather buy her things but never does, aside from occasional gifts. He was on paperwork but when I moved to Nevada I did not put him on her records cause I didnt want him to come and kidnap her. He is on medication from the psych-ward for add and high levels of adrenaline, I know he take riddelin but I do not know the other medication. I havent done anything legally about the texts I just asked him to stop and sometimes he pretends to not know what I am talking other times he apologizes but then it continues. So you are saying not to file the documents stating he is father? wouldn't that affect child support?

Presumably, she listed him as father on school and medical records in California. She acknowledged he was listed as father on documentation in California. They lived together as a family.

Too bad he didn't come here for advice.