QUESTION
Can you receive child support if your child is not legitimized?
Asked on May 31st, 2013 on Child Custody - Michigan
More details to this question:
I have a 16 month old son that I have been raising on my own and his father refuses to help out with anything for him. I do not want to get him legitimized for his own safety because his father is a really bad alcoholic and is not taken care of when he is with him. I need help from him financially and I do not know what I need to do.
4 ANSWERS
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You should file a complaint for paternity and request sole legal and physical custody. The Department of Revenue may be able to help you with this process. Check for their toll free number. FYI: If you were never married to the father, then as the mother you are presumed to have sole legal and physical custody until a court rules or you agree to the father having joint legal or physical custody.
Answered on Jun 04th, 2013 at 10:21 AM
Family Law Attorney serving Durham, NC
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Morelos Law Firm
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If the father will not agree to a child support agreement mutually, you do need to take him to court and if relevant a paternity test and legitimization will be part of it, especially if he tries to defend the lawsuit and claim the child is not his
Answered on Jun 04th, 2013 at 10:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You cannot have one without the other. If you want child support, you are going to have a court state that the dad is the dad. You can ask for very limited visitation by dad based on the danger to the child, but you will have to prove it.
Answered on Jun 04th, 2013 at 10:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The father has legal rights and responsibilities. If you seek to enforce the support responsibilities it is possible he will insist on his rights as well.
Answered on Jun 03rd, 2013 at 7:56 PM