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Joint Custody

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lionking0812

Junior Member
What is the name of your state? NY

Hello all,
I'm looking for some advise on a situation I having with my daughter's mom. We have an eight year old child, who has been living with me from the day she was born. Her mother and I decided to go our seperate ways when our child was only 2 leaving our child behind with me, her father.
Over the years, I'v been doing what a parent should be doing with their child. I'v been providing in every each way possible for her. I've been taking her to the doctor, picking up and dropping off to school, picking up and dropping off to and from her mother's house, everything possible.
To make a long story short, my daughter has been on my insurance since she was 2 years old and still is. Now, this past weekend, I was informed by her mother that she took our daughter to the doctor to get a check up. My daughter already has her own Pediatric doctor, but she decided to take her to another doctor. She knows this already, but because she hasn't been doing anything for the child and has been out of work for over a year now, she's trying to get public assistance. In order for her to receive this assistance, she has to claim our daughter on her form, but stated that the child lives with her when that is not true. She also has a 2 year old son with someone she currently live with.

My question to you is, can she take out coverage on my child? Also, is this wise for her to take her to another doctor, knowing that the child already has her own Pediatric?

My whole take to this is that she being influence by others, since she hasn't been providing for our child and that she only looking out for her own gain or best interest, instead of the child. Please help because this is getting way out of control. My concern also lies on the fact that my child already has her shots and I'm worried that her mother doesn't have her immunization records and would allow the doctor to inject her...Please help

Thanks in advance for your concern and responses.
 


Zephyr

Senior Member
do you have a court order stating you are the custodial parent for the child?

if so, you may want to contact your dfs and make them aware of it, if mom does get state aid claiming the child lives with her, the state will come after you for child support, it may be better to address this can of worms before it even gets opened.
 

BL

Senior Member
You need to go into Court and Petition to make your Custody legal .

If she is applying for PA and claims the daughter living with , her , PA will come after you for support .

You Petition first for Legal , and physical Custody . Do not wait ..
 

casa

Senior Member
lionking0812 said:
What is the name of your state? NY

Hello all,
I'm looking for some advise on a situation I having with my daughter's mom. We have an eight year old child, who has been living with me from the day she was born. Her mother and I decided to go our seperate ways when our child was only 2 leaving our child behind with me, her father.
Over the years, I'v been doing what a parent should be doing with their child. I'v been providing in every each way possible for her. I've been taking her to the doctor, picking up and dropping off to school, picking up and dropping off to and from her mother's house, everything possible.
To make a long story short, my daughter has been on my insurance since she was 2 years old and still is. Now, this past weekend, I was informed by her mother that she took our daughter to the doctor to get a check up. My daughter already has her own Pediatric doctor, but she decided to take her to another doctor. She knows this already, but because she hasn't been doing anything for the child and has been out of work for over a year now, she's trying to get public assistance. In order for her to receive this assistance, she has to claim our daughter on her form, but stated that the child lives with her when that is not true. She also has a 2 year old son with someone she currently live with.

My question to you is, can she take out coverage on my child? Also, is this wise for her to take her to another doctor, knowing that the child already has her own Pediatric?

My whole take to this is that she being influence by others, since she hasn't been providing for our child and that she only looking out for her own gain or best interest, instead of the child. Please help because this is getting way out of control. My concern also lies on the fact that my child already has her shots and I'm worried that her mother doesn't have her immunization records and would allow the doctor to inject her...Please help

Thanks in advance for your concern and responses.
Contact child's Pediatrician and inform them that Mom has taken the child to another Dr. Send mom a letter (1st class mail,return receipt) asking that she provide you with the Dr's name/phone # etc. that she took your daughter to, so you can provide her Pediatrician with that information- so the child's records can be complete.

Problem here is, you haven't told us if custody or paternity was legally established. You don't mention marriage or divorce~ And in some states if you are not married, the father has no LEGAL rights unless/until he establishes it in court. (Via DNA or in some states, the Acknowledgement of Paternity is enough).

Protect yourself by filing in court to establish custody ASAP. Provide copies of school records, Dr. records, affidavits from neighbors, church, family etc. who have been witness to the child being in your pri**** care for the last 6 years. This is something you can do yourself...difficult, but not impossible. (Takes research and a trip to the county court)

Mom may be eligible for benefits whether your daughter lives with her or not- since she has another child (2 yr. old)

You should also establish a set visitation schedule and child support...this will protect YOU in the future.
 

lionking0812

Junior Member
casa said:
Contact child's Pediatrician and inform them that Mom has taken the child to another Dr. Send mom a letter (1st class mail,return receipt) asking that she provide you with the Dr's name/phone # etc. that she took your daughter to, so you can provide her Pediatrician with that information- so the child's records can be complete.

Problem here is, you haven't told us if custody or paternity was legally established. You don't mention marriage or divorce~ And in some states if you are not married, the father has no LEGAL rights unless/until he establishes it in court. (Via DNA or in some states, the Acknowledgement of Paternity is enough).

Protect yourself by filing in court to establish custody ASAP. Provide copies of school records, Dr. records, affidavits from neighbors, church, family etc. who have been witness to the child being in your pri**** care for the last 6 years. This is something you can do yourself...difficult, but not impossible. (Takes research and a trip to the county court)

Mom may be eligible for benefits whether your daughter lives with her or not- since she has another child (2 yr. old)

You should also establish a set visitation schedule and child support...this will protect YOU in the future.
Hey Case, Thanks for your response.
We have joint custody with a written agreement form court. My daughter is with me Monday through Friday, then goes to her mom house Friday through Sunday.
 

BL

Senior Member
You say she is trying to get State Aid .

If or when she does , and DSS takes you to court for support , produce your Court Order .

If She hasn't been forthcoming with DSS , and lied on the application , ( which is trying to Fraud the State ) , they may not even help her .

At any rate the CSEU should go through the records and see what's what .
 

casa

Senior Member
lionking0812 said:
Hey Case, Thanks for your response.
We have joint custody with a written agreement form court. My daughter is with me Monday through Friday, then goes to her mom house Friday through Sunday.
Joint legal custody or joint physical custody? There is a huge difference.

What does the 'written agreement from court' say, Exactly? (Did a judge sign it and it is a stamped, valid, court order?)

Your daughter hasn't 'lived with you' since the day she was born...she lived with you both from 0-2 and then she lived with you both from 2-6 in a custody split.

The way you wrote your initial post sounds nothing like what you wrote in your second post. :rolleyes:
 

casa

Senior Member
Blonde Lebinese said:
You say she is trying to get State Aid .

If or when she does , and DSS takes you to court for support , produce your Court Order .

If She hasn't been forthcoming with DSS , and lied on the application , ( which is trying to Fraud the State ) , they may not even help her .

At any rate the CSEU should go through the records and see what's what .
BL~ Mom has another child (2 yr old) so could be applying for herself and that child. OP does not state he even knows Mom is trying to claim their child together (the 6 yr old)...just that he thinks she may.

OP didn't state there was any CS at all, so why go to CSEU for any 'records'?
 

BL

Senior Member
Casa , I was just trying to heads up , IF DSS ( CSEU ) does .

You are correct though , it's all hearsay at this point . :D
 

lionking0812

Junior Member
Zephyr said:
do you have a court order stating you are the custodial parent for the child?

if so, you may want to contact your dfs and make them aware of it, if mom does get state aid claiming the child lives with her, the state will come after you for child support, it may be better to address this can of worms before it even gets opened.
Thanks Zephyr.
We both have joint custody of our child, which was granted by the court. It is written agreement sign and seal by the judge. My daughter stays with me Monday thru Friday and goes to her mom friday evening and I'll pick her up Sunday evening.
 

BL

Senior Member
lionking0812 said:
Thanks Zephyr.
We both have joint custody of our child, which was granted by the court. It is written agreement sign and seal by the judge. My daughter stays with me Monday thru Friday and goes to her mom friday evening and I'll pick her up Sunday evening.
So what is it Joint Legal and Joint physical ?
Please enlighten us .
 
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