QUESTION
Can a biological father request for sole custody upon having to pay for child support?
Asked on Oct 01st, 2013 on Child Custody - New Jersey
More details to this question:
My husband & I were having trouble conceiving when a male friend agreed to help. This "friend" is now stating he wants sole custody of our now one year old daughter! Friend claims to be going for sole custody & wants me to pay child support when he takes our daughter from us! Will it be possible for this so-called friend to take our one year old daughter away from us?
8 ANSWERS
William M Stoddard
He can, but will be laughed out of court. He has never been the residential parent. The court will not change this without a change in circumstance of you situation. Again these are threats without any substance. Make sure he has no reason to ask the court to change placement. You know what the court would be concerned with. He knows how you have lived, he probably lived the same way. At some point if he is serious, enter a parenting plan where both of you learn to be parents to this child and he pays support because he wants the child cared for any you have more time with the child and more responsibility.
Answered on Oct 07th, 2013 at 3:33 AM
4 Awards
Yes, it is possible, once he establishes custody. The court would make a decision based on what is in the best interest of the child.
Answered on Oct 02nd, 2013 at 4:12 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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I need more information, like if you had a contract with the biological father.
Answered on Oct 02nd, 2013 at 4:06 AM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
If you did not reach a written agreement on this "surrogate" pregnancy, you have a big problem and need to consult with an attorney (not write a post on a website) IMMEDIATELY for the sake of this child.
Answered on Oct 02nd, 2013 at 3:52 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not completely. You are the mother and have just as much right to the child, if not more, as he does. He will have to establish that he can care for the baby, has a place for her, etc. I would call his bluff and move for a determination of paternity, custody and child support. Let's see what happens when he is looking at paying for your daughter.
Answered on Oct 02nd, 2013 at 3:37 AM
You did not mention exactly how this friend "helped" in the conception of your child. Most states have laws regarding surrogacy or the use of another man's sperm to facilitate a pregnancy. In Utah, any persons providing sperm or eggs for fertilization give up any claims to the offspring. A child born during a marriage is presumed to be the child of the husband. You should check with an attorney in the state where you reside, but in Utah, your friend would have no rights to the child and would have a very limited or no chance of establish any rights through a law suit.
Answered on Oct 02nd, 2013 at 3:07 AM
He would first have to obtain sole custody, and that seems unlikely absent a strong showing you would be an unfit mother. He can however establish paternity and be awarded visitation or joint custody. How support is calculated varies from state to state, but in general, both parents are expected to contribute to raising a child in proportion to respective incomes and parenting time.
Answered on Oct 01st, 2013 at 4:43 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Your problem is BIG! You need a lawyer to sit with you and your husband to discuss all of the facts of your case. This is far too much for the internet.
Answered on Oct 01st, 2013 at 4:13 PM