Served papers from ex

[aleayh01]

What is the name of your state? Georgia

I have a month old son and my son's father married another women while I was six months pregnant. We have established paternity and he is the father, however, he wants his new wife involved in decision making and raising our son.

He also try to force me into letting his wife into my home when it involves our son. He states that I need to get use to it because she will be a part of raising our son and making decisions. I understand she is his wife and will be apart of our son's life, but raising him and making decisions, I will not tolorate that.

Now , he has served me papers becauseI wont let his wife into my house. He states that a judge will make me let his wife into my house and make his wife get involved in raising our son. He wants full custody, yet he has not contribute to the support of his son.

Questions: Can he win custody because he is married and I'm single?
Do I need a lawyer? because he went Pro Se
He also works under the table, will it help in collecting child support if I inform the court of his type of income?

Thanks for the adivce...What is the name of your state?

 

[LdiJ]

What is the name of your state? Georgia

I have a month old son and my son's father married another women while I was six months pregnant. We have established paternity and he is the father, however, he wants his new wife involved in decision making and raising our son.

He also try to force me into letting his wife into my home when it involves our son. He states that I need to get use to it because she will be a part of raising our son and making decisions. I understand she is his wife and will be apart of our son's life, but raising him and making decisions, I will not tolorate that.

Now , he has served me papers becauseI wont let his wife into my house. He states that a judge will make me let his wife into my house and make his wife get involved in raising our son. He wants full custody, yet he has not contribute to the support of his son.

Questions: Can he win custody because he is married and I'm single?
Do I need a lawyer? because he went Pro Se
He also works under the table, will it help in collecting child support if I inform the court of his type of income?

Thanks for the adivce...What is the name of your state?

No, he cannot win custody solely because he is married and you are single.

It honestly would be in your best interest to have an attorney.

If he works under the table collecting child support is going to be difficult.

I would love to be a fly on the wall when he tells the judge that he wants you ordered to allow his wife into your home and for her to be involved in raising your child and making decisions....the judge will straighten him out on that one...

 

[haiku]

it is not at all likely, a judge would order either of you, to be allowed in the others home to begin with......

 

[TinkerBelleLuvr]

Question of the day: are there any court papers ordering paternity/ child custody/ child support?

If custody/paternity/child support have been established:
The child has two parents: you and the father. No one else has a right to make decisions for this child at this time.

Otherwise:
This parent has ONE legal parent - YOU.

 

[aleayh01]

Served papers from my ex

No he filed for just custody/visitation/child support. However, we did take an at home DNA test from a lab and he is the father, he also signed the acknowledgement of paternity form. His name is on the BC and according to him, he brought this information to court when he filed and said that they would accept the at home DNA test result.

 

[lwpat]

You need an attorney. If he is working under the table tell your attorney. Your attorney may be able to get it considered but it will be difficult.

 

[JBMD]

If I were you I would not allow him or his wife into my home! He has no business there!!

 

[truebluemd]

can she ask the court to subpeona his past bank accounts, to see if he has been making large deposits for money "under the table"

 

[TinkerBelleLuvr]

He also try to force me into letting his wife into my home when it involves our son. He states that I need to get use to it because she will be a part of raising our son and making decisions. I understand she is his wife and will be apart of our son's life, but raising him and making decisions, I will not tolorate that.

Your house - YOU get to decide who comes in. Sure would like to know what he's smokin'? And, when custody is decided, wifey-babes isn't part of the decision making process on YOUR time. This child will have two parents, you and daddy.

He wants full custody, yet he has not contribute to the support of his son.

Expect joint legal custody and with daddy having parenting time. He doesn't have to pay child support until there is an order in place to pay such.

 

[aleayh01]

Served papers from my ex

He doesn't have to pay child support even if he's the father after taking a DNA test that was not ordered by the court? A court have to ORDER him to pay support for a child he help create? That's sad, you would think people would do the right thing MORALLY instead of being forced by a man/women in a robe

 

[Zephyr]

He doesn't have to pay child support even if he's the father after taking a DNA test that was not ordered by the court? A court have to ORDER him to pay support for a child he help create? That's sad, you would think people would do the right thing MORALLY instead of being forced by a man/women in a robe

correct....



doesn't the most common "moral" deity wear a robe???

 

[TinkerBelleLuvr]

He doesn't have to pay child support until there is an order in place to pay such.

I'll clarify. Daddy dearest may have to go back to the day of birth, depending on how quick someone is to going to court. He would start out with an arrearage right off the bat. But until ORDERED by the court, he technically doesn't have to pay. Morally doesn't count here.

 

[aleayh01]

I can live with waiting for the court to ORDER him to pay support plus BACK support from the time of our child's birth. That's life, it is what it is.

Question: Do I have to let him see our son before our scheduled hearing or can I wait until the judge ORDER his parenting time, since I have to wait for his ORDERED child support.

 

[Ohiogal]

I can live with waiting for the court to ORDER him to pay support plus BACK support from the time of our child's birth. That's life, it is what it is.

Question: Do I have to let him see our son before our scheduled hearing or can I wait until the judge ORDER his parenting time, since I have to wait for his ORDERED child support.

First things first -- tit for tat is immature and hated by judges. Child support and visitation are TWO VERY SEPARATE ISSUES! Both of you need to grow up and be adults and quit using the child as a pawn.
And you may not get back support from the time of the child's birth. Possible but not guaranteed. Have you filed for child support?

 

[aleayh01]

no I didn't file for support he served me papers two weeks ago because I wouldn't let his wife into my house when he came to see his son. If I dont get back child support, that's fine also as that is life, it is what it is. I've not denied him to see his son and he still can see his son but I don't have to let his wife in my home becuase I just had the baby and he can't be outdoors. I don't see where I would have to grow up here.