When there's no arangement in place
Kinda quick question. What are the rights of both parents if there is no custody arrangement in place. They have been apart for a year. As they have it right now my boyfriend has his daughter everyother weekend (thursday till Sunday) and his mom has the daughter one day through the week. They are going to court next month. He's been fighting for shared. What are his rights being theres no aggrement at the time. Also for CS? cause he has been giving her what they agreed on. But sometimes he's fix her car pay for the parts and such. Now she's going for some sort of back pay when there was no legal agreement in the first place. Plus saying that he didn't pay her what she thought she should get. Also too he's bring her grocies and such. Just curious.
Thanks
Get to court quick and use
Get to court quick and use the calculator. She is probably getting too much with all the extras he is doing for her. He has to stop because he is setting a precedent...
It depends...first, were they
It depends...first, were they married or not?
If they were married, then he is presumed the father.
If they were not, he has ZERO rights until a court orders them.
As far as CS goes, go to alllaw.com. It's usually pretty close to actual.
Thanks They weren't married.
Thanks
They weren't married. And he is questioning and ordering a paternity test.
Oi Vey what do you mean ZERO rights? Do you mean as far as having visitations?
Will he have to pay back pay as far as if he hadn't been paying up to the full amount of CS? He was on unemployment for 3 months, what do they base CS on? last years income tax or present wages?
Crazy BM tried to get back CS
Crazy BM tried to get back CS last spring. They never had an order in place. DF just gave her $$. The judge said no back pay. CS starts from when the order was filed, not from when SKs were born.
We're in Brooklyn, N Y. Not sure if that matters.
If he is not on the birth
If he is not on the birth certificate or has had paternity established, then he has ZERO rights to the child. Visitation, CS, everything.
BUT, if you are planning to establish paternity then I would recommend that you document everything. Especially the amount of time he spends with the child and how much he pays to the BM. Keep all receipts.
Depending on what state you are in, BM may be able to get back CS if she claims she got ZERO from him. Imagine her saying this in court, "we broke up and since then he hasn't cared about our child, hardly has seen our child and has paid me nothing". If you don't have anything to dispute that then, too bad.
I speak from experience. It's a good thing that I goaded DH into keeping track of things and I kept a journal myself. DH was so stunned when BM made some outrageous claims. If we didn't have proof.....I don't even like to think about that!
Thank you everyone for your
Thank you everyone for your responses. Very helpful.
Yes we are in canada, ontario.
They never had any "arangement" in writing all verbal. even time allowed with child was all by what BM said. The CS was a verbal arangement.
So just to clerify? As far as back Pay she is shit out of luck. Don't get me wrong I do agree with parents stepping up for there children and paying. which he has, just sometimes in different means to help stupid BM.
He did sign the birth certificate, there was paternity questions from the begining being that she got prego so quick. I know it only takes once. But her credability has deterierated over the last couple years. Being that she lies about everything.
She's after money. Which I believe to be her reason for not wanting shared custody cause she won't get as much.
Also do anyone know in Canada, CS is that based on the previous years income or current?