taking my son's father to court.....

[brendans_mommy]

What is the name of your state (only U.S. law)? New Mexico, Fifth District



So in 2006 I got pregnant with my son, after we found out I was pregnant Isaiah told me I had two choices I could abort the baby and stay with him or I could keep the baby and leave..... so I left. I have never ask Isaiah for anything, except to be in his son's life. My son Brendan is now 19 months old. His father(Isaiah) has only made an effort to see him a few times but it was mostly cause I pushed for him to.I want my son to know his father and where he came from.


Well in feb 2008 I took Brendan to see him and he yelled at me saying it wasnt his child and wanted nothing to do with him. Isaiah wouldn't even hold him, so brendan hasnt seen him since then. Since then I have been looking for the paternity papers to take him to court and after 7 months I found them well I filed them in Oct. and he got served Nov. 4th so his 30 days are up tomorrow.


He has called numbers of times and he and his girlfriend keep saying they are going take my son away and he just called me and said he filed his motion for the summons, he is also mad cause I wont drop the case. I feel kinda of bad for droping this all on him like that. Because he has a girlfriend and she has a daughter who is just older then my son and she is in the same boat with her father. Then they have a baby together who isnt more then 8 months old.Isaiah and his girlfriend use the excuse that its ok for him not to be in our sons life cause he wasnt ready to be a father then. I wasn't ready to be a mother either but I stuck around.


I cant live with out my son. Its been just the two of us since I was 5 weeks pregnant. I cant stand the thought of loosing him. Isaiahs girlfriend made him quit his job when he got served the court papers so he wouldnt have to pay child support.She is the only one working. But they have a brand new car its atleast a 2006 and its so new it doesnt even have real plates on it yet. Now she is complaining about making the $325 a month for child support.



I filed a petition to establish paternity and custody, I filed that along with a summons, I also have a parenting plan, request for hearing, notice of hearing, & I plan on going to the court house tomorrow and filing the request for hearing. Do I need to take my parenting plan with me? Am I asking for to much ?? Am I not beign fair?? I want to ask the judge for sole custody, i want Isaiah and my son to have supervised visits for 2 hrs every other weekend, $325 in child support and I asked that it go back to when he was first born, I also asked that all the cost of medical bills not paid by insurance be split 50 / 50.



Isaiah has a police record, he got charged with possesion and then put on probation. I was dating him at the time he was on probation and he stated to me that he intended on using again after he was off probation. That being said how do I go about asking the judge for random drug testing??? Im pretty sure I will have to provide one as well but I have no problem doing it.


I also have questions about his live in girlfriend, she seems to think because they are together and they share a child as well that she has some sort of say as to what happens with my son and the hearing..... am I allowed to ask her to leave or would it look better if I let her stay? I want to be nice and be fair but I have been nice for 19 months and its gotten me no where, so now what happens??

Thank you for taking the time to read this anything you could tell me would be great.
xoxoxo Kayla

 

[LdiJ]

What is the name of your state (only U.S. law)? New Mexico, Fifth District



He has called numbers of times and he and his girlfriend keep saying they are going take my son away

That is a common and very empty threat.

Isaiahs girlfriend made him quit his job when he got served the court papers so he wouldnt have to pay child support.

That was a dumb move, because he is simply going to get imputed an income and have to pay child support anyway.

I filed a petition to establish paternity and custody, I filed that along with a summons, I also have a parenting plan, request for hearing, notice of hearing, & I plan on going to the court house tomorrow and filing the request for hearing. Do I need to take my parenting plan with me? Am I asking for to much ?? Am I not beign fair?? I want to ask the judge for sole custody, i want Isaiah and my son to have supervised visits for 2 hrs every other weekend, $325 in child support and I asked that it go back to when he was first born, I also asked that all the cost of medical bills not paid by insurance be split 50 / 50.

Yes, you need to take your parenting plan with you. On some things you are asking for too much. A judge will give Isaiah joint legal custody (joint decision making) and more than 2 hours of supervised visits every other weekend. Most likely visitation would start off with at least two supervised visits a week, gradually moving into unsupervised visits, and gradually moving into at least a standard every other weekend and one night a week. It all depends on Isaiah and what he wants in the long term. He could even eventually get a true 50/50 parenting schedule.

Child support will be calculated based on state guidelines, and will most likely only go back to your date of filing, not back to birth. Medical bills are normally split based on the child support percentages.

Isaiah has a police record, he got charged with possesion and then put on probation. I was dating him at the time he was on probation and he stated to me that he intended on using again after he was off probation. That being said how do I go about asking the judge for random drug testing??? Im pretty sure I will have to provide one as well but I have no problem doing it.

You may not be able to convince a judge to put him on random drug testing. Not with just a record for possession.

I also have questions about his live in girlfriend, she seems to think because they are together and they share a child as well that she has some sort of say as to what happens with my son and the hearing..... am I allowed to ask her to leave or would it look better if I let her stay? I want to be nice and be fair but I have been nice for 19 months and its gotten me no where, so now what happens??

You can ask the judge to close the hearing to just the parties involved. Some judges do that anyway. If either side is going to call her as a witness, she won't be allowed to remain in the courtroom.