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please help! father will not cooperate with me in regards to custody of our daughter

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GLASSJAWGURL20

Junior Member
What is the name of your state? california

i have a pretty sad situation and i need some help. My daughter is two years old. her father and i were previously on good terms, and now it is getting ridiculous. we have been apart since she was a month old, and we have a notarized "custody contract" that states every other day we would have our daughter, and holidays being odd and even for each parent. We also stated that neither of us would seek child support from either party. it has been two years since this contract has been updated, and since then, we have switched to two days that we have our daughter and her father now makes three times more a month than i do, and i have had the same job for years making 11.50 and he makes close to i believe 25 to 30 dollars an hour. I am struggling to make ends meet, and since we had that contract in place stating that neither of us could seek child support, i would like to see if i could receive child support from him now that he makes more.. i am totally clueless in this subject. he owns his own home.. i do not. he also insinuates he is better than me, and i have tried to keep it between the two of us for our daughter, but he is becoming ridiclous. I also am not good at arguing, and he uses that to his advantage. I have since got into a relationship with someone who is from southern california, and would like to relocate there. it also states that we could not take her out of the state in the contract. there are many good job opportunities for me in southern california, and her father refuses to come up with an agreement for a half time custody between the two of us. i plan on marrying this man and want to relocate to southern california, as his job is there. what can i do? what do i need to do ? please help!! i dont know if any of this is feasible...
 
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BelizeBreeze

Senior Member
GLASSJAWGURL20 said:
What is the name of your state? california

i have a pretty sad situation and i need some help. My daughter is two years old. her father and i were previously on good terms, and now it is getting ridiculous. we have been apart since she was a month old, and we have a notarized "custody contract" that states every other day we would have our daughter, and holidays being odd and even for each parent. We also stated that neither of us would seek child support from either party. it has been two years since this contract has been updated, and since then, we have switched to two days that we have our daughter and her father now makes three times more a month than i do, and i have had the same job for years making 11.50 and he makes close to i believe 25 to 30 dollars an hour. I am struggling to make ends meet, and since we had that contract in place stating that neither of us could seek child support, i would like to see if i could receive child support from him now that he makes more.. i am totally clueless in this subject. he owns his own home.. i do not. he also insinuates he is better than me, and i have tried to keep it between the two of us for our daughter, but he is becoming ridiclous. I also am not good at arguing, and he uses that to his advantage. I have since got into a relationship with someone who is from southern california, and would like to relocate there. it also states that we could not take her out of the state in the contract. there are many good job opportunities for me in southern california, and her father refuses to come up with an agreement for a half time custody between the two of us. i plan on marrying this man and want to relocate to southern california, as his job is there. what can i do? what do i need to do ? please help!! i dont know if any of this is feasible...
Which attorney drafted this contract for you?
 

BelizeBreeze

Senior Member
GLASSJAWGURL20 said:
this was drafted by the two of us, her father and i. it was then notarized at a mailboxes etc by a notary.
I figured as much.

First thing tomorrow, you call an attorney, make an appointment, take the 'contract' with you and file for custody and support and tell ex to shove it.
 

GLASSJAWGURL20

Junior Member
im scared

is that legal? i am really broke and i dont even know where to start. i need help. i need legal help.. he will blame me for the rest of his life for having my daughter, and i know he loves her and he is a good father, but he just doesn't get it. he says i am being selfish wanting to move down south, but when my current fiance and i are married, we need to move down there for his job. please let me know.
 

BelizeBreeze

Senior Member
GLASSJAWGURL20 said:
is that legal? i am really broke and i dont even know where to start. i need help. i need legal help.. he will blame me for the rest of his life for having my daughter, and i know he loves her and he is a good father, but he just doesn't get it. he says i am being selfish wanting to move down south, but when my current fiance and i are married, we need to move down there for his job. please let me know.
Quit being his doormat and tell him to go screw himself.
 
A

AmyKearsing

Guest
I don't think that will be so simple. First of all he has seen her and been in her life, for you to relocate you would have to show "just cause" to move out of state and take her from him. Yes, he would still see her the states mininium for child visitations but when a parent shows an active role in her/his life, they do not like to take that away. Just b/c he is making more money now also doesn't mean they will start making him pay child support. If he has her 1/2 the time, like you said, they he doesn't legally have to pay you, or you him. You could do a free consult w/ an attorney and see but I dont think you will be able to leave the state easily.
 

BelizeBreeze

Senior Member
AmyKearsing said:
I don't think that will be so simple. First of all he has seen her and been in her life, for you to relocate you would have to show "just cause" to move out of state and take her from him. Yes, he would still see her the states mininium for child visitations but when a parent shows an active role in her/his life, they do not like to take that away. Just b/c he is making more money now also doesn't mean they will start making him pay child support. If he has her 1/2 the time, like you said, they he doesn't legally have to pay you, or you him. You could do a free consult w/ an attorney and see but I dont think you will be able to leave the state easily.
Since you only have 10 posts to your credit I'm going to be gentle (for me).

READ THE DAMN POST!

She is wanting to move to Southern California. Now, unless the earthquake has come and the state has divided, it's the same state.

And, a contract that denies a legal right of a third party is not a valid contract. The child is entitled to support under law, a right that cannot be contracted against.
 
GLASSJAWGURL20 said:
What is the name of your state? california

i have a pretty sad situation and i need some help. My daughter is two years old. her father and i were previously on good terms, and now it is getting ridiculous. we have been apart since she was a month old, and we have a notarized "custody contract" that states every other day we would have our daughter, and holidays being odd and even for each parent. We also stated that neither of us would seek child support from either party. it has been two years since this contract has been updated, and since then, we have switched to two days that we have our daughter and her father now makes three times more a month than i do, and i have had the same job for years making 11.50 and he makes close to i believe 25 to 30 dollars an hour. I am struggling to make ends meet, and since we had that contract in place stating that neither of us could seek child support, i would like to see if i could receive child support from him now that he makes more.. i am totally clueless in this subject. he owns his own home.. i do not. he also insinuates he is better than me, and i have tried to keep it between the two of us for our daughter, but he is becoming ridiclous. I also am not good at arguing, and he uses that to his advantage. I have since got into a relationship with someone who is from southern california, and would like to relocate there. it also states that we could not take her out of the state in the contract. there are many good job opportunities for me in southern california, and her father refuses to come up with an agreement for a half time custody between the two of us. i plan on marrying this man and want to relocate to southern california, as his job is there. what can i do? what do i need to do ? please help!! i dont know if any of this is feasible...

BB is correct. Also, the more you continue with this life without a Court Order and Child Support the more this person is going to think that he can get away with it.
I'm sure you'll get the $$. As for Visitation and you moving more thant 100 miles away is up to how good his attorney is.

Good luck.
 

GLASSJAWGURL20

Junior Member
it just that he thinks he can get away with everything... i dont really have the money for an attorney, would a mediator be more my speed? or just take it straight to court, because i am not as vicious as he is. would it make a difference if i was married and had to move to southern california due to my husband's job?
 
legal aid

i am not sure from state to state, but there is legal aid out there. You may have to pay something but it will be approiate to how much money you make. They can probbly have something ready for you in a week or two. Look around on the web or call your local juvenile court, that is what i had to do
 

casa

Senior Member
GLASSJAWGURL20 said:
What is the name of your state? california

i have a pretty sad situation and i need some help. My daughter is two years old. her father and i were previously on good terms, and now it is getting ridiculous. we have been apart since she was a month old, and we have a notarized "custody contract" that states every other day we would have our daughter, and holidays being odd and even for each parent. We also stated that neither of us would seek child support from either party. it has been two years since this contract has been updated, and since then, we have switched to two days that we have our daughter and her father now makes three times more a month than i do, and i have had the same job for years making 11.50 and he makes close to i believe 25 to 30 dollars an hour. I am struggling to make ends meet, and since we had that contract in place stating that neither of us could seek child support, i would like to see if i could receive child support from him now that he makes more.. i am totally clueless in this subject. he owns his own home.. i do not. he also insinuates he is better than me, and i have tried to keep it between the two of us for our daughter, but he is becoming ridiclous. I also am not good at arguing, and he uses that to his advantage. I have since got into a relationship with someone who is from southern california, and would like to relocate there. it also states that we could not take her out of the state in the contract. there are many good job opportunities for me in southern california, and her father refuses to come up with an agreement for a half time custody between the two of us. i plan on marrying this man and want to relocate to southern california, as his job is there. what can i do? what do i need to do ? please help!! i dont know if any of this is feasible...

First of all So. Cal and No. Cal are SAME state. :rolleyes: Next there are a few new things to be considered in move-aways in this state. (Been there- done that) Next issue is that, after 2 years and the considerable income difference, it's "reasonable" that you file modification of child support and you will get what is "fair" according to a % of his income. The only hitch I see is that you should be willing to pay transportation for visitation, or at least a portion of, to allow the child to see the father. It's only fair and also you'll be able to afford it after all the support is calculated and you are married.

Expect, on his income and with his persona, to encounter a possible custody battle over this. Luckily So. Cal is one of the most expensive places to live in the US right now...trust me, I just did some extensive work on the national averages....so it makes sense that, on $11.50 per hour you are having a hard time making ends meet. Also california doesn't dictate that joint custody = no child support. It takes into account the "higher earner". (Trust me, I've been the earner) :rolleyes:

Do what's right for your child and yourself and make your lives livable. Offer as much as you can to make it possible for the child to see the father at every opportunity.
 

LdiJ

Senior Member
Belize gave you the correct advice...however based on your response I am not sure that you understood him.

Your notarized agreement is not worth the piece of paper it is printed on. Its not a legal agreement because it wasn't signed by a judge. Therefore you really SHOULD get an attorney and file for custody and child support.....at the same time, you should ask for permission to relocate with the child.

If you absolutely cannot afford an attorney you can do it yourself (and mediation WILL be part of the case) however it would be much wiser to have one. Borrow the money from family if you have to.
 

stealth2

Under the Radar Member
GLASSJAWGURL20 said:
is that legal? i am really broke and i dont even know where to start. i need help. i need legal help.. he will blame me for the rest of his life for having my daughter, and i know he loves her and he is a good father, but he just doesn't get it. he says i am being selfish wanting to move down south, but when my current fiance and i are married, we need to move down there for his job. please let me know.
Wouldn't you say the same thing if the shoe was on the other foot? How would you like it if HE decided to move with the child to be with some woman?

And Amy - two words. Geography book.
 

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