Forums > Single ParentingPage 1 2by: Vodka Knockers

Custody Agreements?

posted 18th Nov
DH and I were talking about getting a legal custody agreement for LO with BD.
Right now, I'm the custodial parent, he's non-custodial (Has not seen LO since February, has seen him once his entire life). I just feel like it'd be a little more of a security blanket, in case he ever fell off his rocker and decided to try and pick LO up from daycare or my home.
I want to file for full custody, no visitation rights.
1) How hard would it be to win full custody with him getting no visitation rights considering he's only seen the child once, a few months shy of a year ago?
2) How would it effect the case if he showed up and fought it, even with the conditions considered?
3) How would it effect the case if he didn't show up and fight? We have child support court tomorrow and from what his mother is telling me, he has no intention of showing up (Failure to comply, he owes almost $1,500 and has never paid in a dime)
TIA.
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I have 1 child & live in North Carolina
posted 18th Nov
I don't know much about it, but it sounds like you have a pretty good shot at getting full custody.
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I have 1 child & live in Canton, Ohio
posted 18th Nov
I'm pretty sure you'll get full custody but they'll grant him some supervised visitation at first if he wants it. If he doesn't bother showing up they'll take it away.
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I have 2 kids & live in Poland
posted 18th Nov
1. You'll likely get full custody, but if he fights you he could manage supervised visitation.
2. It will effect the case if he fights it. Courts (at least here) are in the best interest of the child, not the parents. He's the bio-dad and if he fights it he will likely get access of some type.
3.If he doesn't show up, you get whatever you want.

(eta: I went through something similar)
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I have 1 child & live in Germany
posted 18th Nov
This happened to a friend of mine. She filed for full custody and for baby daddy not to have any rights. The court sends the paperwork (via the Sheriff's office) of a court date to the last place you know he resides. He does have the right to show up to the court date and fight it. But if he has been a deadbeat he most likely won't show up. If he doesn't show up, pretty much an open and shut case. You forfeit child support and any past due child support. My friend lives in NC also so I know that's how it goes here.
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I'm due March 20th (a boy), have 2 kids & live in Randleman, North Carolina
posted 18th Nov
Quoting Supafly★:" I'm pretty sure you'll get full custody but they'll grant him some supervised visitation at first if he wants it. If he doesn't bother showing up they'll take it away. "
What would happen if he didn't show up to the visitations? And if they would do something, about how many blank spots would it take?
I ask because I've invited him to birthdays, holidays, the works and he's never showed. I invited him to LO's birthday party Saturday and he's blowing it off. I doubt he'd show up to see him anywhere for any reason.
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I have 1 child & live in North Carolina
posted 18th Nov
Quoting Boogie Bug's Mommy:" This happened to a friend of mine. She filed for full custody and for baby daddy not to have any rights. ... [snip!] ... case. You forfeit child support and any past due child support. My friend lives in NC also so I know that's how it goes here."
It's not like that here. I have full custody and a restraining order (no access), and BD still has to pay CS.
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I have 1 child & live in Germany
posted 18th Nov
you should get full custody since he hasn't been around or provided support. I think they will still offer him visitation regardless because being the bio father he has rights until he signs them over. There will probably be a vistiation schedule set--it is up to him to follow through. Courts base visitation on the child's access to the parent--not the other way around because the child has a right to access to both parents. After a period of time with failed visitation attempts you could petition the court to have visitation revoked.
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I have 2 kids & live in Batavia, New York
posted 18th Nov
Quoting Vodka Knockers:" What would happen if he didn't show up to the visitations? And if they would do something, about how ... [snip!] ... I invited him to LO's birthday party Saturday and he's blowing it off. I doubt he'd show up to see him anywhere for any reason."
I doubt he'll show up to fight you... if he wanted visitation he could have had it. Here, for supervised visits through an agency, if you miss 3 times you're kicked out and get nothing.
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I have 1 child & live in Germany
posted 18th Nov
Quoting Vodka Knockers:" What would happen if he didn't show up to the visitations? And if they would do something, about how ... [snip!] ... I invited him to LO's birthday party Saturday and he's blowing it off. I doubt he'd show up to see him anywhere for any reason."

they don't count anything before there is a legal arrangement. once one is set and he misses consistantly then you can go back to have them revoked.
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I have 2 kids & live in Batavia, New York
posted 18th Nov
Quoting Rd.:" 1. You'll likely get full custody, but if he fights you he could manage supervised visitation. 2. It ... [snip!] ... likely get access of some type. 3.If he doesn't show up, you get whatever you want. (eta: I went through something similar)"
I highly doubt he will show up, considering he's going to be failing to appear in court tomorrow for the Child Support.
If he does show up, however, and gets supervised visitation, is it just limited to him during the visits or can he bring people along?
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I have 1 child & live in North Carolina
posted 18th Nov
Quoting Vodka Knockers:" I highly doubt he will show up, considering he's going to be failing to appear in court tomorrow for ... [snip!] ... show up, however, and gets supervised visitation, is it just limited to him during the visits or can he bring people along?"

i think they start with just him to allow the child to adjust and then as the child gets more comfortable they may allow him to bring family members to see the child--i don't know if they ask you for permission or not.
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I have 2 kids & live in Batavia, New York
posted 18th Nov
Quoting Vodka Knockers:" I highly doubt he will show up, considering he's going to be failing to appear in court tomorrow for ... [snip!] ... show up, however, and gets supervised visitation, is it just limited to him during the visits or can he bring people along?"
If it's through an agency, then only him. In fact, I would do that because they take notes on everything and you can buy those notes if you need to go back to court (here anyways). If someone like his mom is supervising, you really can't prove no one else is there or even that the supervisor is there.
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I have 1 child & live in Germany
posted 18th Nov
Quoting Erin Weyer:" i think they start with just him to allow the child to adjust and then as the child gets more comfortable ... [snip!] ... comfortable they may allow him to bring family members to see the child--i don't know if they ask you for permission or not."
That also makes me nervous.
His girlfriend has been less than...Agreeable, for the last year. She has lied and started fights between me and BD, she has said horrible things about my child (Ex: "Well I was hoping he wasn't yours because he's going to be an inconvenience to our family" after the DNA test, and "Shut up, that's probably not even your baby" before the DNA test, etc) and I'm rather worried that considering her hostility towards him, she may do something or say something that would harm him emotionally.
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I have 1 child & live in North Carolina
posted 18th Nov
Quoting Vodka Knockers:" That also makes me nervous. His girlfriend has been less than...Agreeable, for the last year. She has ... [snip!] ... worried that considering her hostility towards him, she may do something or say something that would harm him emotionally."
Say that in court as a basis for visitation through an agency!
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I have 1 child & live in Germany
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