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Old 08-31-2008, 09:23 PM
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Exclamation New mom fears losing full custody

I live in California. The father of my twins was recently ordered to pay child support. Until then he had shown no interest in seeing the children, had not ever visited them. we never spoke during the pregnancy, nor for 0 months after they were born. He wanted me to abort them.

Recently he sent an email stating that he and his fiance would seek visitation after they were married, and would like to begin visiting the children with his fiance. I am comfortable with visitation if it is supervised, until the children are of an age when they can communicate and take care of themselves. I am concerned that he will request unsupervised visitation, and also that he will request joint custody. And that this interest is simply a ploy to decrease child support payments.

What is the likelihood that at this age, 9 months old, will a judge force me to allow unsupervised visitation, or will grant joint custody and overnight stays? At what point might this become an issue if not now? At what point should I retain a lawyer?

Last edited by New Mom : 08-31-2008 at 09:34 PM.
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Old 09-01-2008, 06:42 AM
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Quote:
Originally Posted by New Mom View Post
I live in California. The father of my twins was recently ordered to pay child support. Until then he had shown no interest in seeing the children, had not ever visited them. we never spoke during the pregnancy, nor for 0 months after they were born. He wanted me to abort them.

Recently he sent an email stating that he and his fiance would seek visitation after they were married, and would like to begin visiting the children with his fiance. I am comfortable with visitation if it is supervised, until the children are of an age when they can communicate and take care of themselves. I am concerned that he will request unsupervised visitation, and also that he will request joint custody. And that this interest is simply a ploy to decrease child support payments.

What is the likelihood that at this age, 9 months old, will a judge force me to allow unsupervised visitation, or will grant joint custody and overnight stays? At what point might this become an issue if not now? At what point should I retain a lawyer?

What you are describing is no uncommon---a lot of times men in general have a problem with the reality of becoming a dad. Doesn't mean it is right---just means it takes a while for them to come to grips with it all. His not seeing you while you were pregnant doesn't mean he isn't a fit dad. In fact, the courts may view it as a "plus" that he is presumably becoming more stable and making steps ( even if they are slow ) to become a part of the childs life. Your claim would have more legitimacy if the child were nine YEARS old ( the claims about neglect, or disinterest)--but nine MONTHS old? AND he is paying child support, right?

If his motives are to pay less child support--is that necessarily a bad thing? that may be his motive or may not---but that doesn't mean that will REMAIN his motive. Once he gets to know the child (children) he may grow to love him/her very much.

Supervised visits are usually reserved for those cases where there is proof or suspicion even of some kind of wrongdoing or illicit activity that may harm a child. From your posting the only thing you have mentioned is his initial disinterest in the child.

It is understandable that a new mom has feelings of angst whenever her child (CHILDREN) is away from her, even if it is with the father. Perhaps hiring an attorney to express your wishes and concerns is the best thing. But realize what you are describing is not uncommon and really isn't commonly used reasons for supervised visits.

While no one can predict what can and will happen in court, my feeling is the only restrictions that will be considered are those based on the child's age and what is appropriate in that regard.
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