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As a Father How would I get stability?

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Chardog

Member
What is the name of your state? CA

Here's the case. My son is 1 years old. Me and baby's mother alternate.

I get him T TH Su

but recently, she's ben delinquent quite often, getting drunk, and having custody less than me. She seems to want to use my son as a tool to keep me home. I really dont care, as long as I'm with my son. What should I do to prepare for battle? I know eventually it will get ugly.

Any advice? Currently the thing I'm doing is keeping a log of emails, and typed logs when she is delinquent and/or forgets to pick up her son. Is it possible to get full custody? or a written compromise without going to court?
 


Ohiogal

Queen Bee
Chardog said:
What is the name of your state? CA

Here's the case. My son is 1 years old. Me and baby's mother alternate.

I get him T TH Su

but recently, she's ben delinquent quite often, getting drunk, and having custody less than me. She seems to want to use my son as a tool to keep me home. I really dont care, as long as I'm with my son. What should I do to prepare for battle? I know eventually it will get ugly.

Any advice? Currently the thing I'm doing is keeping a log of emails, and typed logs when she is delinquent and/or forgets to pick up her son. Is it possible to get full custody? or a written compromise without going to court?
No it is not possible to get full custody or a written compromise without eventually going to court. Any agreement you come to has to get the approval of the court. You can go to mediation and have an agreement that you get full custody. That is a crappy schedule by the way. You get him those days overnight? Why would you make a child bounce back and forth that much? Judges like stability in a home and this does not provide it.
What kind of custody do you have now? Joint? Or does mom have sole custody -- as determined by the court? Who set the plan you have now? Were you married to mom? I am going to guess no and therefore I will ask was PATERNITY established? If the court has not adjudicated you as the father and this is just an agreement you and her have made, you NEED to file a motion for Establishment of Paternity as well as child support and custody to establish your rights.
 

Chardog

Member
Ohiogal said:
No it is not possible to get full custody or a written compromise without eventually going to court. Any agreement you come to has to get the approval of the court. You can go to mediation and have an agreement that you get full custody. That is a crappy schedule by the way. You get him those days overnight? Why would you make a child bounce back and forth that much? Judges like stability in a home and this does not provide it.
What kind of custody do you have now? Joint? Or does mom have sole custody -- as determined by the court? Who set the plan you have now? Were you married to mom? I am going to guess no and therefore I will ask was PATERNITY established? If the court has not adjudicated you as the father and this is just an agreement you and her have made, you NEED to file a motion for Establishment of Paternity as well as child support and custody to establish your rights.
well the schedule is due to the baby's sitter schedule. My aunt takes care of my child on those days, so he actually stays the prior night over and I get to see him all day :) . we live close, so its not a hassle.

it's the most stable thing he has. Her side of the family is very irresponsible and babysits on the other days, and I have good evidence of it.
 

stealth2

Under the Radar Member
Chardog said:
it's the most stable thing he has. Her side of the family is very irresponsible and babysits on the other days, and I have good evidence of it.
So why did you choose her as the mother of your child?
 

Ohiogal

Queen Bee
Chardog said:
well the schedule is due to the baby's sitter schedule. My aunt takes care of my child on those days, so he actually stays the prior night over and I get to see him all day :) . we live close, so its not a hassle.

it's the most stable thing he has. Her side of the family is very irresponsible and babysits on the other days, and I have good evidence of it.
A couple things then -- you NEED to go to court and get a stable schedule. Your babysitter should not be dictating where the child is. You are the father and you need to do what is best for the child. It is good that your aunt watches the chlid but if you see him all day why does the child need a babysitter anyway?
This sounds like you don't have court ordered visitation or maybe even court recognized paternity. YOU NEED TO GO TO COURT! If her family babysits on other days and she is irresponsible and you can prove that HER irresponsibility negatively impacts the child and causes harm, then you could possibly get custody.
However, unless you can prove that you don't have much chance. AND you did choose her as the mother of your child when you slept with her. You are going to have to deal with her for your child's lifetime.
 

BL

Senior Member
Look you have said " HER " child " MY " child . Get it through your thick skull , The Child is BOTH of yours " OUR CHILD " , OK . TY

Now the mother can chose to utilize her visits , or not . If She does , She CAN get drunk and leave the child with a responsible Adult without consequences .

Now , if you suspect neglect , abuse , there is a phone # in the Tel. book , to make a report , otherwise take it to Court .
 

Chardog

Member
I read up on establishing child paternity. Possibly the most rediculous feminist thing I've ever heard.

and for those who ask why I get my girl pregnant?

We were sleeping together, and she had a medical condition, where she would not be able to conceive. She does not go on her period, and had been like that for 5 years, then boom, the love of my life is born. **** happens, but I dont regret it. I wouldnt be the same without my son

btw blondie, I can call my child my child. Why would I call him our child? either way he's my child. I dont give people assumptions that I'm with the baby's mother, so most of the time, I'll call him my child.

ohiogal, when I say I see him all day, that reflects after work. Sorry for the confusion.

btw, does living in a single house with 11 OTHER people count as harm for my son?
maybe 10 in a few months after one of them goes to prison as an accesory to murder.

btw, I just used this calculator:
Child support calculator

CS= K [HN- (H%) (TN)], where:
CS is the amount of child support;
K is a factor of both parent's income allocated for child support. This varies depending upon the number of children to be supported;
HN is the high earner's net monthly disposable income;
H% is the high-earner's approximate time of physical responsibility for the child (children);
TN is the parties' combined total monthly net disposable income

with the use of our gross incomes, it shows that the mother will pay to me due to the fact that I take care of my child more often! The amount is very small, but better than me paying out what I do right now.
 
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LdiJ

Senior Member
Chardog said:
with the use of our gross incomes, it shows that the mother will pay to me due to the fact that I take care of my child more often! The amount is very small, but better than me paying out what I do right now.
You don't have any custody orders yet...therefore you can't count on that. At the moment your "official" schedule (TU TH SU) doesn't indicate you having him more than her.
 

Ohiogal

Queen Bee
A few things...

Chardog said:
I read up on establishing child paternity. Possibly the most rediculous feminist thing I've ever heard.


Actually it is not the most ridiculous feminist thing. the mother of the child is always known by virtue of it being the person who carries the child and engages in delivery. Men do not do that. There is always a question of that. The laws are established to determine who they are. If married, the husband is legally the father. If not married, the father has to be determined either by admission (affidavit of paternity confessing that he is the father) and/or paternity test. it is a physical and biological thing.


and for those who ask why I get my girl pregnant?

We were sleeping together, and she had a medical condition, where she would not be able to conceive. She does not go on her period, and had been like that for 5 years, then boom, the love of my life is born. **** happens, but I dont regret it. I wouldnt be the same without my son

Okay here is the part that you are missing. If you have sex you need to be prepared that you could have a child. The child would NOT have resulted without the sex. Hence, if you don't want to risk being a father then do not have sex. That is why that is said. Too many people come on this site griping about the mother/father of their child. How they are irresponsible, drug-users, abusive people, whatever and so forth. Well it does not matter. The long and the short of it is that if you can't stand that person you never should have had sex with them. But apparently you liked them enough to have sex with them so now the fact that you hate/dislike/are appalled by them, DOES NOT MATTER.

btw blondie, I can call my child my child. Why would I call him our child? either way he's my child. I dont give people assumptions that I'm with the baby's mother, so most of the time, I'll call him my child.

ohiogal, when I say I see him all day, that reflects after work. Sorry for the confusion.


Okay. Well when you say you see him all day, it is taken as you see him all day. Seeing him after work at least says you have a job. Which is good. Because you do have a child to support and at least you are responsible enough to do so.

btw, does living in a single house with 11 OTHER people count as harm for my son?
maybe 10 in a few months after one of them goes to prison as an accesory to murder.

No. That doesn't count as harm for your son. Now if these people are a direct harm (convicted child molestors/child abusers) or you can show that their actions are having a direct negative harmful impact (your child is left alone, neglected, constantly bruised/poisoned or other wise harmed) then you might have a case. But no. Having 11 people in the house is not in and of itself a bad thing. If one of them goes to prison as an accessory to murder, that doesn't show it. What shows it is if one of them is going away as accessory to murder of your child or even a child would be closer. Various cultures/ethnicities traditionally have a large groups living in the same house. That doesn't cause harm.

btw, I just used this calculator:
Child support calculator

CS= K [HN- (H%) (TN)], where:
CS is the amount of child support;
K is a factor of both parent's income allocated for child support. This varies depending upon the number of children to be supported;
HN is the high earner's net monthly disposable income;
H% is the high-earner's approximate time of physical responsibility for the child (children);
TN is the parties' combined total monthly net disposable income

with the use of our gross incomes, it shows that the mother will pay to me due to the fact that I take care of my child more often! The amount is very small, but better than me paying out what I do right now.
Problem being that you do not have custody of the child. So that sounds nice but if you don't have parental rights then you have no argument. Of course if you don't have parental rights you don't have an obligation to pay.
 

CJane

Senior Member
Chardog said:
I read up on establishing child paternity. Possibly the most rediculous feminist thing I've ever heard.
How so?

with the use of our gross incomes, it shows that the mother will pay to me due to the fact that I take care of my child more often! The amount is very small, but better than me paying out what I do right now.
I don't see how the current schedule gives you more time with the child. If you're planning to state that mom doesn't technically have the child in her personal possession as often as you do, it's not gonna work.

And no, having multiple people in the household is not inherently dangerous.
 

Chardog

Member
Ohiogal said:
Problem being that you do not have custody of the child. So that sounds nice but if you don't have parental rights then you have no argument. Of course if you don't have parental rights you don't have an obligation to pay.
I appreciate your time in your reply, and we can agree to disagree about the first point of feminism. I think it's unfair to a father such as myself. I've declared myself the father of the child in all the documents I signed at the hospital. I dont know why there would be additional beauracracy on top of that.

I dont come here to pick fights with anyone, I just like hearing decent opinions of what I should do.

More importantly, what if the mother refuses to accept me as the father?

I really dont care about child support. I am a father, and I will ALWAYS provide for my son. At the same time, I dont want to get my pockets ripped out, especially since I provide for the majority of his food, his shelter, his clothing, and I even pay for his mother's rent out of my own free will.

I understand that I will be free of all responsibilities if I am not recognized parent, but I'll sacrifice the visitation of my son. IMO, it's not worth it; not by far.

I've requested for full custody from the mother on several occasions; she considered it a few times, but has changed her mind since. Her simple acknowledgement is enough to show to me that she's not fit as a mother.

btw, due to welfare issues, the family of 11 living in the household, only 5 were allowed to legally live there. It would be a total of 3 families, 2 not being legit. Does that make a difference?

3 bedroom house with 3 families, and few adults that arent suppose to be there (per welfare restriction).
 
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Chardog

Member
Great news

I will be taking care of my son 6/7 days in a week. This is awesome!

This changes everything. Baby's mamma got into a fight with mother, and cannot live with her anymore! Bad for her, good for me
 

ceara19

Senior Member
Chardog said:
I will be taking care of my son 6/7 days in a week. This is awesome!

This changes everything. Baby's mamma got into a fight with mother, and cannot live with her anymore! Bad for her, good for me
You still have to go through the courts for LEGAL custody. Otherwise, mom can come and take the child at anytime.
 

Ohiogal

Queen Bee
Chardog said:
I appreciate your time in your reply, and we can agree to disagree about the first point of feminism. I think it's unfair to a father such as myself. I've declared myself the father of the child in all the documents I signed at the hospital. I dont know why there would be additional beauracracy on top of that.

because there is. It is the way the law is. You need to petition for custody and your financial rights/obligations. Or mom does. That way you have something to enforce.


I dont come here to pick fights with anyone, I just like hearing decent opinions of what I should do.


I gave you the LEGAL opinion which is based on the law. .

More importantly, what if the mother refuses to accept me as the father?

A very good reason WHY court is important. It gives you legal rights you can enforce. You need proof that you are the father and that rights have been granted to -- which is what a marriage certificate does when it comes to parenting a child born during a marriage. With the court backing you up, MOM CANNOT REFUSE YOU. If she does she risks losing custody.

I really dont care about child support. I am a father, and I will ALWAYS provide for my son. At the same time, I dont want to get my pockets ripped out, especially since I provide for the majority of his food, his shelter, his clothing, and I even pay for his mother's rent out of my own free will.


Then make that argument and you may even be paying LESS in official child support than you currently pay.

I understand that I will be free of all responsibilities if I am not recognized parent, but I'll sacrifice the visitation of my son. IMO, it's not worth it; not by far.

Then go get recognized as the legal parent.

I've requested for full custody from the mother on several occasions; she considered it a few times, but has changed her mind since. Her simple acknowledgement is enough to show to me that she's not fit as a mother.

Bull. You need to prove it to the court. You get a court order mom can't deny you.
btw, due to welfare issues, the family of 11 living in the household, only 5 were allowed to legally live there. It would be a total of 3 families, 2 not being legit. Does that make a difference?


Nope. legally no.

3 bedroom house with 3 families, and few adults that arent suppose to be there (per welfare restriction).
Then that is a welfare problem NOT a custody problem. Unless those people are a danger to the children. You can debate all you want but I gave you the legal answer. If you don't like it there is NOTHING anyone can do about it. The answer doesn't change just because you decide to ask it a different way, complain how "unfair" it is or state reasons why you believe the law should bend to you.
 

Ohiogal

Queen Bee
Chardog said:
I will be taking care of my son 6/7 days in a week. This is awesome!

This changes everything. Baby's mamma got into a fight with mother, and cannot live with her anymore! Bad for her, good for me
Nope. Not really. Because if you don't have LEGAL custody of the child, mom is using you as a babysitter. You are still not daddy and are still a legal stranger.
 
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