Can Biological Father Sue for Custody and Support?
Hi All,
First time I'm posting. Here's our deal. My wife and I have a 6 year old boy, about to be 7. His father and his mom split up when he was less than 1. The dad gave full custody rights and was required to pay child support.
Now, after all these years, he's been in jail a couple of times with a whole year in the pen last year. It appears now that he appears to be gathering information or coaxing his friends to with my wife. We don't know that he'd seek custody; however, he now has a kid with a new woman, but he still doesn't have gainful employment and he's behind child support payments about $20k. She won't turn him in for fear that he'll go back for a long while, and doesn't want our son to hate her when he'd inevitably find out.
My thought it this, the only reason he'd seek such custody is to get his hands on child support. Somehow, he has a way of getting off easy even in the courts, and I'll be damned if he somehow pulls custody out of a hat! What do you think? Would it be possible that he force my wife (and us) to pay child support if he got custody? How much more do courts favor moms over dads in the court system? It's clear to any reasonably objective person that his life is better with us. I have a steady job, we make more than enough money and plan to put it away for the future, and I will not let his dad come and drain those resources, which he will certainly do.
I should say that he's been
I should say that he's been given visitations, because of his mom's kindness and not wanting to go to court.
He's been out for a few months now, so he resumed getting him.
IF he were to get full
IF he were to get full custody(I doubt that would happen), then yes, your wife would be required to pay CS.
Your wife has custody now, and there is a CS support order in place. Why would things be different if the circumstances were to change?
Paying child support even if
Paying child support even if his account is a -20k? Would it be possible to get child support changed to where we deposit in an untouchable account?
IF he were to get custody
IF he were to get custody (highly unlikely), your wife doesn't get a say in how CS is spent. Just like he has no say in how she uses the CS he pays (when he pays it).
If his new wife have it in her head that she's his savior, she may fork over the money for the back CS. :sick: She may push him to turn his life around.
If he does, then she may push him to just try for 50/50 custody. If you live in a state that allows CS with 50/50 and your wife earns more than he does, then again, she could be on the hook for CS.
Would it at least be no
Would it at least be no excuse that he's a felon (though I think he got some of that waived) so he can't get great employment?
How hard is it to get a child, who by all measures is happy healthy and growing up well (getting a good education) from his mom? We live in Texas, btw.
I doubt very, very much that
I doubt very, very much that he would get custody.
Thanks for the answer; it
Thanks for the answer; it really bolsters my confidence.
Primarily, he'd tell our boy that straight up.
He got arrested after having gotten a light sentence (compared to the crime), was on parole for 3 years but got caught breaking it. Then the judge sent him in for 4 years, which was reduced to 1.
Our son asks him what happened, and he explained, "I didn't do anything wrong, but they think I did."
Of course, this terrified our son, because now he thinks cops take you away just on suspicion.
You might be surprised who is
You might be surprised who is awarded custody of their child/ren
You might also be surprised the people who do not loose custody and should.
Anything in family court is possible...and yes if dad is awarded custody he too is allowed to have financial assistant in raising his child. Your wife, fortunately has had you to financially support her son while dad was not able or scooted the system. Being incarcerated certainly prohibited him from paying.
Sir one thing you will learn on step talk the majority will not take away the term Mom or DAD from the true bio parent. Step Moms are not MOM and Step Dads are not DAD.
It is nice to see another guy on here. Rags is another one and we all do appreciate his candor.
Getting back to your question...anything is possible and most everything has happened in family court.
She should report him for
She should report him for back dated CS.... or at least threat him with it.... I guarantee he will crawl back into his hole
If it is any consolation, I
If it is any consolation, I don't think they will take YOUR financial contribution to the household into account when doing a CS calculation.
I also agree with most other posters. Depending upon what landed the guy in jail and given the fact that he doesn't appear to have his life all together right now and the fact that the child has been in a stable and loving home for almost 7 years... it would be tough for a judge to make a change.
Yes, a biodad can sue for
Yes, a biodad can sue for custody and support. However, the situation you describe makes it extremely unlikely that this convict would get custody. Time for your bride to grow some lady balls and nail his ass to the wall. Letting this criminal torment her, her child, and your family just demonstrates a complete lack of character in your bride. Time for her to hear the facts regarding her own failures and need to step up.
That she would worry about her own child hating her for the sperm donor being a convict is rediculous.
IMHO of course.