QUESTION

Can I file for child support and for full custody?

Asked on Dec 26th, 2020 on Child Support - New Jersey
More details to this question:
I am currently 32 weeks pregnant, I am not married to the father and he hasnโ€™t been around for the pregnancy. When I first told him I was pregnant he said to abort, but I decided to keep the baby. Iโ€™ve asked if he will be going to the hospital to sign the papers and recognize him and give him his last name and he said no so my child will only have my last names. He hasnโ€™t helped with any of the medical bills so am wondering can I file for child support and have full custody of my child? Or in order for him to give child support he would have to have rights over the child?
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2 ANSWERS

Family and Matrimonial Law Attorney serving Parsippany, NJ
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Thank you for your question. Unfortunately, you can not file anything with the court until you give birth. At that point they will have to establish paternity, wherein they will require your child’s father to take a DNA.  If he comes back as the child’s father he has rights regardless if you ask for support or not. I hope this was helpful to you.
Answered on Dec 28th, 2020 at 2:11 PM

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Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
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Lets break down the questions separately. The fact that he told you to have an abortion means nothing from a legal standpoint. If he is the biological father of the child, he has an obligation to financially support him, which includes payment of prenatal expenses as well. You can file an application with the family court system in the county where you live for child support, payment of health insurance coverage, life insurance coverage, sharing of the costs of unreimbursed healthcare costs for the baby, and contribution to the prenatal costs. If he wants, he can challenge paternity and require a paternity test. If he is the biological father, then the court will impose all of the above type expenses on him.... but you need to tell the court in your filing what he does for a living, if all of his income is reported for tax purposes or if he has any employment that is not reflected on his tax returns. If he is the biological father, then he has a right to seek visitation but you have the right to express concerns and ask the court to put protections in place to ensure your child's safety when the baby is with him.  As to full custody, I presume you are referring to the difference between a sole custody order and a joint legal custody order. The difference between the 2 is whether you need to communicate with him about major decisions affecting the child's health, education, and general welfare vs not having to discuss those items with him. If he wants nothing to do with the baby, not sure that it will really make a difference but if he is not interested in being involved, you can tell the court and ask for a sole custody order. 
Answered on Dec 28th, 2020 at 10:27 AM

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