custody or visitasion?

What is the name of your state?California


I have an agreement with my x bf that he can take home our newborn son every other weekend fr. sat. 12 noon through the next day (5pm).... will this come up as custody or visitation only when i file for child support? if only visitation will the court still credit him by lowering his child support?

depends on how you are proceeding. are you collecting child support through a child support agency? or on your own?

no matter what, you will still need to file for custody and visitation. custody detemines who the child will live with primarily. it determines joint legal custody or sole legal custody. you will also need to have the father legally adjucated as the father before proceeding for child support.

No no no buttercup. You're all confused... or maybe it's just coming out confused.

IsabellaSoriano said:

depends on how you are proceeding.

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No, it doesn't

are you collecting child support through a child support agency? or on your own?

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wouldn't make a difference one way or another. Who begins the proceedings doesn't change the process. Whether she does it herself or has someone else do it... same system.

no matter what, you will still need to file for custody and visitation.

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Not necessarily. There are tons of people who have CS orders and no determination of custody/visitation. There are equal amounts of folks who have custody/visitation orders and no CS.

custody detemines who the child will live with primarily.

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Among other things, custody does not just determine who the child lives with, but who has decision making power also.

it determines joint legal custody or sole legal custody.

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Well see, above you just said that custody determines who the child will live with. Legal custody deals with decision making.

you will also need to have the father legally adjucated as the father before proceeding for child support.

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True, but in CA, if dad signed the AOP, he's already legally adjudicated dad unless he's moving to vacate it.

jaw043 said:

What is the name of your state?California

I have an agreement with my x bf that he can take home our newborn son every other weekend fr. sat. 12 noon through the next day (5pm)....

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EXCELLENT!!! Very good for you and dad. BTW... did he sign the AOP?

will this come up as custody or visitation only when i file for child support?

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Are you filing for support via CSSD? They don't handle issues of custody and/or visitation. On your I&E, both of you will be able to state what the current parenting schedule is though.

if only visitation will the court still credit him by lowering his child support?

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He should and will get a credit for the amount of time that he has his child. Don't you think that's fair?????

We're both sure he is the father!

yes he did sign the declaration of paternity while we were in the hospital.
i guess if the cs goes down, what if he deosnt show up consistenly to pick
him up as agreed upon the court?

We're both sure he is the father!

yes he did sign the declaration of paternity while we were in the hospital.
i guess if the cs goes down, what if he deosnt show up consistenly to pick
him up as agreed upon the court?

Then at some point you file a modification. You can't determine he WON'T either.

This should be what's about what's BEST for your child, not what yields the most CS. And, statistically, fathers who are involved from the beginning are more likely to remain invovled, and be active in their child's lives. Having one's dad around and in their lives is a good thing.

And the bonus statistic is that involved dads are more consistent CS payors.

jaw043 said:

yes he did sign the declaration of paternity while we were in the hospital.
i guess if the cs goes down, what if he deosnt show up consistenly to pick
him up as agreed upon the court?

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Visitation is a Right, not an obligation. (After the Court Order for Custody/Visitation is determined). He doesn't have to use all his visitation time. IF he failed continually to show up, then you could file to modify the court order to include less Parenting time...and CS in CA is calculated based on income & Child sharing %.

casa said:

Visitation is a Right, not an obligation. (After the Court Order for Custody/Visitation is determined). He doesn't have to use all his visitation time. IF he failed continually to show up, then you could file to modify the court order to include less Parenting time...and CS in CA is calculated based on income & Child sharing %.

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Where you been woman?!?!?!?!

CourtClerk said:

Where you been woman?!?!?!?!

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Having big equipment trench hundreds of yards of phone line going to 3 houses...*sigh*

But, I'm baaaaaaaaaaack Heard you went to Ports-O-Call - LOVE that place!!