This is an advertisement.

Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> paternity
Nov 29, 1999

Question:

Here is our situation honestly and briefly: My husband has a 5yr old son born when he was 19yrs from a one night stand. Paternity was proved when his son was 6months old and he has faithfully paid CS ever since. He and his ex have never liked each other much. She was 16 when my stepson was born. She has always viewed him as HER child only. After she got her child support order she started moving around. My husband lost contact with her as a result of this. They were never married and she didn't put his name on the birth certificate so even though he had a CS order he had to go to court to establish legitimization and visitation. He was unable to do this until he could locate her to serve her papers. She has never held a job so this wasn't easy. He finally found her by a fluke a year and a half ago and started visiting at her convenience for about 6 months until she disappeared again. We simply went to pick him up and the house was empty. My husband hired a PI and located her again about 4 months later and finally got joint custody, legal paternity and visitation established in December. My step son loves my husband and they have become close in the time they have. His mother is living with a man 12 years older than her (not married) and has had 2 more children. Collectively together they have 5. He operates a forklift. They move constantly (about every 6 months). She is a dropout and she has never had a job. No one in her entire family has graduated high school. She draws welfare and medicaid and has for the last 6yrs. My husband and I are more than financially stable and are business owners. I am finishing my Master's degree and am going to be a teacher. We would like to get custody and have been keeping a journal recording all visitations, etc. Any advice or anything else we should be doing?

Answer:

It appears that you are doing what is necessary to help establish a case. Make sure that your husband takes all the visitation ordered by the court and as much as possible that is agreed upon beyond the court order. He should make sure he attends any school functions and is involved with the chlid's extracurricular activities. Keep a close eye on the child's grades when that becomes an issue. If the child is not progressing in school or his discipline problems, that maybe a good time to file for custody. Have a PI check the back ground of the mother and mother's current boyfriend. I suggest doing that every year. Finally, make sure that the child support is current when you file for modification.

Nov 29, 1999

Question:

My significant other and I have been living together for 10 years. We have a house but it is in her name. However, I have been paying the mortgage for years. We are about to break up and I want custody of my son. Can I ask for the court to distribute the property as well? Thanks in advance.

Answer:

In order to get custody of your son, you will need to file a Paternity action in your county. This will only determine custody of your son and child support. You can not request a division of the property in this proceeding. The only option you have is to file an action in equity court to attempt to have any portion of the house you are entitled to.

Nov 29, 1999

Question:

In January of this year I became a father. My son's mother and I are not married. I took a DNA paternity test immediately after the my son was born to determine with certainty that I was the father before signing the birth certificate or the paternity statement. After the mother decided on a name for our son she didn't allow me to sign the birth certificate or the paternity statement. She did this for no apparent reason but only to secure her rights and limit the rights of child to have his father in his life. I eventually took her to court to establish paternity, order his birth records changed, set up daily visitation for 2 hours and order we go to mediation. While in court I asked that my surname be incorporated into the child's last name. I don't want my son to have issues later on, i.e. that I denied him my last name, I am embarrased of him or that I wasn't around. Heck I delivered the child due to the absence of the midwife. This request to have my surname incorporated into his last name was denied, the judge said she did not have the power to do this. Is what she said true or is there case law that indicates otherwise? I feel very discriminated against because the DNA test had no bearing on his birth records until it was changed by court order. In addition to other things, i.e. custody, the child is being denied the right to have my last name. I initiated child support, visitation, etc. but that is not possible?

Answer:

I cannot answer your question specifically to the laws of New Mexico as I am not licensed in that State. In my jurisdiction the court has the authority to order the child's name changed. The court will often hyphenate the last name. I have had a rare case in which the court would not modify the last name of the child and kept the mother's last name on the birth certificate.

Nov 29, 1999

Question:

I am a 17-year old mother and my newborn was born out of wedlock in Kentucky. Her father and I are not living together and I have given her his last name. I do not want him to pay child support because we both will have custody of the child and he will help support her. Is there any legal way that he can get out of paying child support? If so, will I still be able to have a medical card for her and keep our WIC?

Answer:

I cannot answer your question specifically to the laws of Kentucky as I am not licensed in that State. Generally you are not required to ask for child support. It is very common for people that share joint physical custody to not pay child support to the other parent. However, if you receive certain welfare benefits you sign over your rights concerning child support. Therefore the State could file a modification of the paternity action down the road to force him to pay child support. You need to review the applications that your made when receiving the medical card and WIC. In my jurisdiction you only sign over your rights to the child support in exchange for monetary welfare benefits, not indirect aid such as WIC.

Nov 29, 1999

Question:

Hi, How is child support determined if the father has a job such as a roofer that works seasonally? Is it based on his past tax records? Or his current hourly? Can a unwed father get joint physical custody in Illinois if his child has reached age 12 but he has always been involved in the child's life and the mother has never taken him to court for child support (no court orders exist)? Thanks for your time and information.

Answer:

I cannot answer your question specifically to the laws of IL as I am not licensed in that State. In my jurisdiction, the Court is allowed to review the past three years of income and take an average of that income. It is possible to get joint physical custody in a paternity action. The court will look at the totality of the circumstances to determine what is in the best interests of the child. If the child is of school age at a minimum, you must live reasonably close to the child's school to get the child there on time each day of custody.

Divorce, Child Support, Alimony Information.
Men's Rights Website
Contact DadsDivorce.com