Odd question about sibling custody

[happybug]

I have 2 children. I was married when the first was born. I have sole legal and physical of her. We were divorced by the time #2 arrived. He did sign the paternity form and is on her birth certificate. I would prefer not to have to go to court again, as the stress of the first case was almost too much for me. I don't have it in me to start that mess again, and care for 2 babies alone. He comes to visit both girls together. I have a support order on #1 but not #2. He gives me money once in awhile for #2. Nothing regular, but I am OK with that.

My question is this. Since I have sole legal and physical of #1, is it legally assumed that I have the same custody with #2?

I am in Ca.

 

[ceara19]

I have 2 children. I was married when the first was born. I have sole legal and physical of her. We were divorced by the time #2 arrived. He did sign the paternity form and is on her birth certificate. I would prefer not to have to go to court again, as the stress of the first case was almost too much for me. I don't have it in me to start that mess again, and care for 2 babies alone. He comes to visit both girls together. I have a support order on #1 but not #2. He gives me money once in awhile for #2. Nothing regular, but I am OK with that.

My question is this. Since I have sole legal and physical of #1, is it legally assumed that I have the same custody with #2?

I am in Ca.

That depends on the EXACT wording of the custody order. As far as CS for the 2nd child, even if you went after it, it doesn't change the amount by very much.

 

[happybug]

I am not looking for Child Support on #2. I just would rather not bother at all. There is NO order for #2. He is on the birth certificate, so I guess legally he is her father. #2 Arrived after the divorce and orders on #1.

 

[ceara19]

I am not looking for Child Support on #2. I just would rather not bother at all. There is NO order for #2. He is on the birth certificate, so I guess legally he is her father. #2 Arrived after the divorce and orders on #1.

A child born within 300 days of the divorce is usually considered to be that of the ex husband, unless another man is agreeing that they are the true father, either by signing an AOP or via DNA testing, so yes, the 2nd one is also considered his child more than likely. However child #2 is not covered by the original agreement unless she is named in the order. As long as you are both in agreement as far as custody, visitation and support, you don't HAVE to go back to court to get an order for child #2.

 

[happybug]

Thanks so much. I just really don't want to go back to court. I think I will just leave well enough alone, for now at least.