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How to keep benefits for a child?
My girlfriend has a child. She left the biological father before she knew she was pregnant and does not want him in the childs life. Apparently he had a baby previously, and while she was with him saw him throw something at the crib, it broke into pieces and he laughed about it. He was drunk, and had no clue if the baby was in the crib or not.. He is a alcoholic, and has a history of violence. He his her birth control and forced her to have sex with him, it only happened once, and she broke up with him, but that is why she has a baby now.. I don't want to hear all the bullshit about the baby needing a real father because that is fully what I plan on being for him, and the "sperm donor" doesn't deserve to have a child, nor would it be safe around him.. His name is not on the birth certificate and she doesn't want to tell the court who it is. They want to take her assistance because of this and she actually needs it. She makes about 900 dollars per month and has her own apartment because her family is all deceased.
The question is how can she keep the assistance without giving the name of the father? Because her biggest fear is for him to know, and get any sort of visitation and put her child in danger.. After all, with his other child he had a visitation with she saw the other child clearly in danger.. What mother would want her child in that? Any advice will help. Thanks
2 Answers
- ?Lv 59 years agoFavorite Answer
I'm not really sure where you are located so it's hard to really answer the question. I would imagine that the courts might want the information on the father so they can make him pay for some of the support of the child. I guess my question would be if it's an option for you two to marry and then put your name on the child's birth certificate? If so that might be a good way to go about it. Anyway, she may need to consult with a family lawyer in your community to get the best solution.
- ?Lv 59 years ago
The thing is, state will never, ever pay support if there is a perfectly capable father around to pay it.
If she refuses to give up the name, they will in return not give her any support.
However, if she gives them the name, and he is unable to pay, or unwilling, she can then claim support from state. State will then turn around and harrass him to pay the state back.
If she is worried about having the father in her life, then she can opt to not get support. But keep in mind that if the father ever finds out, he has the right to claim visitation, even custody. And the fact that she never told him could very well work against her at that point.
Alternately, he has a background of violence, and is clearly an unfit father.
I'd say have her talk to a lawyer, and see what her options are. They could gather evidence to declare him an unfit parent, or at the very least get him under supervised visitation only, should he indeed want to claim visitation and/or custody.
The other mother of his child could help in this, by giving a testimony against him.
But again, state will not pay up just because a mother does not want to reveal the father. It's not their responsibility to pay for the child, it's his.
*edit*
while you can indeed opt to adopt the child, which would be easy as there is no other name on the birth certificate, keep in mind that state will still not pay her support; at that time, you are responsible for the child, and are legally obliged to pay for the child.