Child Custody & Visitation

[mustang320]

I want to know what my course of action should be?
Situation:
I have a one year old daughter who has lived with me from day one. Her father and I were never married and he did not come around until she was about eleven months old after his paternity was proved for child support. His name is not on the birth certificate and the child has my last name. He successfully pays child support monthly of he amount we have agreed upon. As far as visitation he takes her every weekend. This visitation is nothing more then a verbal agreement between him and I. Recently he called me wanting her last name changed to his and more visitation of two weeks at a time.
I would like to know my custodial rights since we were never married but he is proven the father through paternity testing and pays child support. I am the primary custodian or do we have joint custody etc.? What are his rights and mine? Also how can we settle the visitation dispute?
Thank you!

~Saria

 

[army judge]

He has no legal rights to visitation, unless and until he goes to court and gets a custodial order.

Currently, you have no legal obligation to allow him visitation. You are the sole custodial parent. Tell him to go to court and get a custodial order. In the interim, you'd bs smart to not allow him to take your child without a specific court order. He might decide not to return the child.

You only have a support order in place. If he wants her last name changed, he'll need to petition the court to do so. If I were you, I wouldn't fight that. He us, after all paying child support.

Finally, you would not be stupid to see a lawyer in your area. That way, when he gets one, you'll have yours. Never go to court without your own lawyer. He's gonna get one. You'd be scoop not to have yours. Protect your rights and your child!

 

[Proserpina]

Mom, please understand though that unless YOU agree to a 2 week on/2 week off schedule (which frankly is a horrible idea for an infant - a child of that age will literally have to go through a grieving process every two weeks) the court is NOT likely to order that.

In fact unless you agree, a 50/50 timeshare (which is what Dad is asking for, basically) is unlikely no matter how it's set up.

Google "infant parenting plans" or such.