Custody/Visitation

[fearless1219]

Erie County NY State

Hi. Well I'm dealing with a custody and visitation case. The situation is pretty basic. Dad took off when my child was 6 mnths old, right after he took me to court to get his name on the birth certificate. He was ordered to pay $50/month because he was umemployed at the time. Hasn't paid a dime. Hasn't tried to make any contact since he took off. He got another girl pregnant in another state and isnt taking care of that one either.

In my daughter's mind, my boyfriend of 2 years is her dad. She's been calling him that for a year and a half. She does not know who her real father is because he's never been around and when he did see her, he never made any attempt to even make any interaction with her.

So now after almost 5 years of no contact/child support, he's taking me to court for full custody and wants me to only get 1 weekend a month in visitation w/my daughter. He lied on his petition saying that he's been paying the child support and that I "denied him to see her".

We've starting the hearings and had the interviews with the law guardian. I have gotten a good lawyer who deals with these type of situations, but I'm still worrying my butt off here. I extremely worried that for some messed up reason they're going to give him some kind of rights and then this will turn my daughter's life upside down.

I just would like to get a second opinion or just hear what my lawyer has been telling me, because it would just really calm my nerves.

Any help would be greatly appreciated. Thanks.

 

[irish223]

One thing I hope your lawyer told you is NOT to tell anyone, especially the judge, that your daughter calls your boyfriend of 2 years "Dad."

Other than that, your boyfriend will have to prove that he has paid child support to you. If you did deny visitation, that will hurt your case. If not, you probably don't have to worry.

It is very unlikely that he will get primary custody without proving that you are unfit. The fact that he waited 5 years to act on visitation won't help him. However, he may get some phased-in visitation, leading to regular visitation.

Of course, these are generalities. Your lawyer knows the NC court system and your specific situation, so his advice is superior.

Good Luck.

 

[jacksgal]

Plan on him getting some form of visitation. Custody is almost a zero chance. I agree with the above post keep your mouth shut about her calling your BF Dad! that will work against you. Your going to need to get use to Dad being around and being in this child's life is he so wishes. Revisit the support order he maybe able to afford more now and if hes working his wages could be garnished for the arrears.