.Rant.Loser Father.

runawaygirl778

Im almost 36wks and feed up with the father of my baby. He has been no help, and wants shared custody because he refuses to get a job. He wants to live at home with his mommy and avoid child support at all costs. But why should i go back to work and bust my butt so he can sit at home. No judge is going to give im shared custody ..... do ya think? 

PrettyInPearls23

No judge will give shared custody of a newborn. Period. Since you're not married (I'm assuming) it'll be up to him to file for paternity and visitation/custody. If he hasn't lifted a finger so far, I doubt he'll do that.

Living at home with mommy and not having a job isn't avoiding child support. You can file for CS, the courts will determine paternity (if he doesn't willingly admit to being the child's father), and they'll base CS on what his income earning potential is (usually based on his last job or education level). At least that's how it's done in my state. If not having a job = no child support, there would be far more many jobless deadbeat's out there.

Until there are court orders in place, you don't have to agree to anything having to do with your child and the father of your child.

cuppaco

[Preface: I am an attorney, but this is not legal advice].

In my state, there is no longer the preference for the mother to be the "primary custodial parent".  From my understanding 50/50 seems to be the trend - especially among children over the age of 1 year.  Although the courts usually consider the infant's feeding needs (i.e. breastfeeding), there is also the consideration that the father is entitled to equal bonding time with the child.  Also remember that child support and visitation are not interdependent - meaning that even if a father pays nothing (or is in massive arrears) with child support, he is still entitled to his Court ordered visitation.  But that only applies after a Court order is in place.

In my state, if a man is on the birth certificate, he can have the right to custodial status and visitation of the child almost immediately after the child is born.  But this is established by agreement of the parents.  The visitation and/or child support cannot be enforced without a court order, if the parties don't reach an agreement or later breach the agreement.

If he isn't on the birth certificate, the mother or father would have to petition the Courts to establish paternity and child support would be assessed at that time.  Visitation and child custody would also be set by the Courts at that time as well.  There are multiple child support calculators out there to look at how much child support the baby would be receiving.  Courts also consider if the parent is willfully under- or un- employed to avoid paying child support, and they will assess child support on that parent's "income potential" or "expected earnings".  That is easier to prove if the parent has an advanced degree or earnings history that inexplicably stopped during the pregnancy (or after the couple broke up).

I would consider speaking with your state's Child Support Enforcement agency and/or look into hiring an attorney discuss legal action to establish paternity, child support, and a visitation schedule.

lilhotcandie69

Just cause you have shared custody doesn't mean he won't pay child support. Also, the county will want proof of everything...your employment, his employment, any money either of you have....so he has no chance. GL hun.