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Motion of Custody Hearing

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LdiJ

Senior Member
I have my child and I am not certain if papers were mailed to the address.. I am assuming... I don't want my ex to have visitation at all. The affidavit of parentage isn't filed and I have a PPO against him. How would matters become worst?
Because if he has proof of service, and you do not answer his motion or show up in court, the judge could grant him custody by default. Yes, you could eventually get it overturned if you can prove that you were not served, but you know about it and therefore the judge may not buy that you were not served.
 


Because if he has proof of service, and you do not answer his motion or show up in court, the judge could grant him custody by default. Yes, you could eventually get it overturned if you can prove that you were not served, but you know about it and therefore the judge may not buy that you were not served.
Ok. But I heard about it through hearsay. Can I file a motion against his custody motion?
 

justalayman

Senior Member
Ok. But I heard about it through hearsay. Can I file a motion against his custody motion?
sure and that proves you have knowledge of his action.


If the AOP has not been signed and he is not your husband, has there been anything proving he is the father? If not, your defense is he has no legal standing as he has not been proven to be the father.

Of course he has all rights to demand a dna test to prove paternity. If proven to be the father he can then file for visitation or even custody. Unless he is a danger to the child, he will be granted at least visitation. If his home is held to be a better situation for the child he could be granted residential custody.
 

stealth2

Under the Radar Member
*I* would suggest checking with the court holding jurisdiction to find out if anything has been filed. Once you know that, as ewll as what has been filed, you will know better how to proceed. Frankly, you are being foolish thinking that you can simply ignore the situation based on service or lack of it.

The father will be awarded some type of visitation - time to wrap your head around that.
 

t74

Member
OP, You need both an attorney and a counselor. Your attitude is a danger to your child. You share this child with someone you picked to sleep with. Your child deserves to be supported financially and physically by two parents.
 
OP, You need both an attorney and a counselor. Your attitude is a danger to your child. You share this child with someone you picked to sleep with. Your child deserves to be supported financially and physically by two parents.
I disagree. I am protecting my child. Have you been following this thread?
 

Zigner

Senior Member, Non-Attorney
Disagreeing simply means that you don't agree with what you are being told. It does not mean that what you are being told is incorrect. I'm sorry you don't like what you're hearing here - you should seek the advice of an attorney. Good day.
 
sure and that proves you have knowledge of his action.


If the AOP has not been signed and he is not your husband, has there been anything proving he is the father? If not, your defense is he has no legal standing as he has not been proven to be the father.

Of course he has all rights to demand a dna test to prove paternity. If proven to be the father he can then file for visitation or even custody. Unless he is a danger to the child, he will be granted at least visitation. If his home is held to be a better situation for the child he could be granted residential custody.
The PPO entailed he has no visitation... his behavior was a danger for our child and I.
 
Disagreeing simply means that you don't agree with what you are being told. It does not mean that what you are being told is incorrect. I'm sorry you don't like what you're hearing here - you should seek the advice of an attorney. Good day.
With much do respect... I know what type of human being my ex is.... the point is I don't disputed the advice I'm being given, but I am not a danger to my child. Thanks and good day.
 
"That's it."???
He is considered the legal father of the child! Your attempt to minimize that is disturbing.
No.... the judge told him he is not the legal father because there is no affidavit of parentage signed. So no, he is "not the legal child but biological." I'm quoting the judge, mind you. The judge agreed him to not let him have visitation when the order was approved. Remember, you don't know this man, I do.
 
L
No.... the judge told him he is not the legal father because there is no affidavit of parentage signed. So no, he is "not the legal child but biological." I'm quoting the judge, mind you. The judge agreed him to not let him have visitation when the order was approved. Remember, you don't know this man, I do.
Oops on my typo.... the judge said he is not the legal father of our child, but biological.
 

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