QUESTION
What can I do if the father of my 7 years old twins is now suing for joint custody?
Asked on Nov 11th, 2013 on Child Custody - Indiana
More details to this question:
When the father was informed of my pregnancy he moved out of state. I opened a child support case in '06 several months after their birth. After dodging paternity test, court summons, he finally was caught in 2011. He was found to be their father and ordered to pay support. He failed to do so. The courts attached my support to his check. Since then he has been complaining about paying and threatening to seek custody to lower his child support amount. Last contact with him is an email stating that “my husband, their step father should either legally adopt them so support will cease or he will seek custody”. In said email he asked us if a few hundred dollars was worth ruining my kids lives seeing as they never met or knew about him and his agreement that an introduction with him would unbalance them. What rights does he have? I have emails, text and letters starting back from their birth from him to me. In the court papers he is saying he never knew about them till paternity issues were brought up in 2011.
5 ANSWERS
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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That is the same BS threat that every deadbeat father uses. He has no real interest in asking for custody and is not at all likely to spend money and time with a nonsense suit. If he files suit, it would be wise to hire a lawyer.
Answered on Nov 12th, 2013 at 12:21 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He has the right to ask for custody and visitation. However, keep the emails and if, which is probably not going to happen, he asks for custody, your attorney can drag those emails out and show that he has no desire to be a father.
Answered on Nov 12th, 2013 at 12:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a good case to take from him his parental rights, but not relieve him of his support obligation. See an attorney.
Answered on Nov 12th, 2013 at 12:05 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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It sounds to me like you are in a very good position. You have to have the e-mails available to show the court where he admits that his getting involved in their lives would 'unbalance" them and the communication which shows he knew about the children long before 2011. While I don't know if you have enough to keep him from having any contact with the children, I believe you have enough to keep him from obtaining joint legal custody and restricting him to supervised visits.
Answered on Nov 12th, 2013 at 12:05 PM
4 Awards
He has the right to seek joint custody or sole custody. Having the right to file is not the same as a court ruling in his favor. He would have to show the court that it is in the best interest of the children that there be a change in custody in order to obtain a favorable ruling.
Answered on Nov 12th, 2013 at 11:57 AM