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Are mothers more likely 50/50 custody of a new born in this case?
Are mothers more likely to give a father and his parent 50/50 custody of a new born and neither party will pay the other child support, if he will start a nasty child custody battle in witch you may may have to pay him and his parent child support and have visitation every other weekend. This could take up two 2 years and cost allot of money and time and a risk of about 35% change of losing custody.
I mean as a out of court settlement.
6 Answers
- On TiptoeLv 51 decade agoFavorite Answer
From your question, I gather you have been influenced by some serious intimidation tactics. The fact is that NO parent of a child is going to be exempt from a child support obligation, once a matter goes to court. And if you are the mother of the child and sue for paternity and child support, you WILL most definately have an order in place for it.
If you both are arguing over who should have the primary parenting role of your child, and you get the court involved, you will have to present to the court, either pro-se, or through an attorney, a detailed parenting plan. If this plan includes full joint custody, then the support payments are shared, as well as other expenses, like medical care, childcare, education, ect. True joint custody means that both parents agree on practically every aspect of the child's upbringing. It also requires that each parent have the child sleeping in their home about 180 nights per year. Sharing overnights is, by court defination, "50/50" custody. It is rare these days, especially if your relationship with your ex partner is in any way volatile. The judge will NOT allow such an arrangement if the parties are not amenable to one another and, by having frequent contact, there is a possibility that the child is exposed to domestic violence or fighting.
I will say, as a mother, it is in your best interests, as well as your childs, to involve the court in making these decisions for you. It will protect you, and please don't be influenced by your child's other parent who might be trying to threaten you with a custody dispute and eventually winning it. This is pretty rare. I just went through a divorce this past year, and my case certainly didn't drag out over 2 yrs. Thankfully, most courts today have pretty much streamlined procedure and cases are rarely dragged out over a long time span now. They have found that this type of delay is detrimental to the children involved. So, don't be influenced by this lie as well.
From my personal experience, I would venture that your ex-partner is abusive or manipulative. Most abusive men will use threats of harming or taking children away from their mothers as a scare tactic. Please don't fall for it or allow yourself and your child to be subjected to further harm because of this. These are threats. If you have been victim of abuse, get help! Get all the help you can from every authority, including the court, a guardian ad litem(a special attorney appointed by the court to represent your child), any social workers or others, like childcare directors, your child's doctor, ect. With more witnesses to attest to your ability to adequately parent your child, and with evidence against your ex of his abuse towards you, even if it's only emotional, you will definately get what you deserve from the outcome.
The courts and authorities have a tendency to bring things that are hidden out into the open. Most abusers, therefore, fear this exposure, because their goal is to always appear good and wonderful to the world, while behind closed doors, they are hurting their partners. This may also be the reason why he is trying to emotionally blackmail you into signing an agreement as an out of court settlement. You can, with the support of many resources, fight this battle and WIN. You will keep your child and have adequate child support as well!
Do not settle. Go to court! There a four great books you can read to give you perspective on fighting the battle listed below. Good luck and keep the faith in yourself. You are a good mom! Please don't allow the intimidation tactics to influence your decisions. Be well informed. Every state has their children's code laws available for online reading. Read the law, ask an attorney, get all the information you can and don't settle out of court!
Source(s): http://www.amazon.com/Before-Interests-Child-Josep... http://www.amazon.com/Beyond-Interests-Child-Josep... http://www.amazon.com/Joint-Custody-Jerk-Uncoopera... http://www.amazon.com/Mothers-Trial-Battle-Childre... - 1 decade ago
If you guys can come to an agreement, you can settle anything out of court and just have some notorized paperwork done by lawyers stating specifics. Even with 50/50 custody, someone may still end up paying child support due to their income.
If he does start a nasty child custody battle, here are some ways to fight back:
- 5 years ago
If the mother is an abusive severe crack wh-re, the courts will vilify the man in any way they can,bend over backwards and crawl face first through broken glass to see that the mother gets 100% custody. There is no such thing as justice or equality for men when it comes to the law in the U.S.
- Anonymous1 decade ago
HELL NO!! There is no way in hell i would let my sons father have him!!!If your talking about yourself and your the mum take that low life to court and tell him to try. If you havent done anything to make the judge think your in anyway an unfit mother then there is no way!!! that you will loose ya bub. You will get 50/50 you and the father. Thats better then only visiting the baby every other weekend.
Goodluck
- Anonymous1 decade ago
If the mother is currently the custodial parent, the odds of the father getting custody are very, very rare. Right? Not always but is the trend of the system. Both parents need to share responsibility and get along for the sake of their child, threatening to sue to get out of paying support or thinking that something will take 2 years might benefit one of the parents is wrong. The baby still needs fed and clothed in the meantime. Work on an agreement peacefully, your child will thank you later in life.
- Anonymous1 decade ago
helll mother ******* no i would not give 50/50 custody of my newborn!!! at least not to MY kids father. i would laugh in his face and say lets go to court.
i would let him live with me if he wanted to be around the baby though....but i wouldnt give up my baby for 50 percent of the time.