QUESTION
What decision making rights do I have as the custodial parent and why?
Asked on Aug 25th, 2015 on Child Custody - Michigan
More details to this question:
I have a daughter who is 5 while I was pregnant he called me lots of bad names and said the baby wasnโt his. She was born I named her with my last name but naming him as the father on the birth certificate. He signed it a month and half later he got a DNA test done she was his. He now pays child support. He got a DV charge and ended up with supervised visits and I got sole decision making responsibility. For about 5 years he has a poor track record for his visits put it this way he had 110 available visits last year and showed for 44 of them thatโs how it has been for almost 5 years. In January of this year we went back to court and he now has unsupervised visits. He is ordered to help me pay medical dental vision etc. and he will not he says itโs my problem. So I am having to pay 100% of medical cost he has also had her on medical insurance 3 times and has dropped her 2 times he puts her on ins when he is up to something for example I got served to go to court in January of this year on sept 4th of last year which was a Saturday that wed he gave me an insurance card. Now he wants the court to change her last name to his he put on the petition to acknowledge that she was his daughter and most kids carry their fatherโs last name anyway to me thatโs not a good reason what about me and my rights I have been with this child 100% thru thick and thin. I am the one who makes everything ok for my child when her dad jacks up. When my child asks me why her dad left early or why her dad didnโt come back or why her dad plays with his cell phone all the time or why her dad doesnโt give her medication. I am the one who takes care of it and tries to make everything ok. I am always fixing everything. Now that he has unsupervised visits he has the I'M THE DAD ATTITUDE and she is mine and I will do what I want with her. I feel he looks at her as a possession and not his child. What can I do I am the custodial parent and have sole decision maki
3 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you have sole legal custody you can name you child anything you like. To limit or restrict his visits with the child you'll have to seek an order from the judicial officer who first signed the order which set up the present regime. If he is not following the court orders regarding payment of medical bills, you can move to have him held in contempt of court. It's best to find a skilled matrimonial lawyer in your locality to advise and represent you. It's almost always worth the investment.
Answered on Aug 26th, 2015 at 10:52 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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He is allowed to ask for things in court (like unsupervised visits or a last name change). It does not mean he will get them all, considering his record. Remain calm and explain why she should have your last name, especially since she has had it since birth, knows it as her name, and is with you almost all the time. You will likely win in that dispute.
Answered on Aug 26th, 2015 at 12:02 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Counsel with an attorney and if necessary engage the attorney for representation in your defending your rights.
Answered on Aug 25th, 2015 at 7:21 PM