Unfit Mother

4 Replies
Veronique - February 10

I would like child support from the father, but have not persued any legal action because of my fear of the court system. I'm wondering what consitutes an unfit mother? This is the sole reason I never filed or placed his name on the birth certificate before. Going to court is the last thing either one of us need and a lot of unprincipled things could come up.

 

April - February 10

First, you won't go to court unless your ex disagrees with the child support order. what will happen is your ex will have to take a DNA test (since he hasn't signed paternity forms), then the two of you will go to a child support conference at the domestic relations office (not in court). You will both take last year's tax forms and records of income from this year with you, and the conference officer will then input the amounts into the child support calculator in her computer, and then come up with amounts. If you both agree with the amount that is given, then that's all you have to do. The officer will put the order in that day and the child support will begin from there. If you disagree, that's when you have to go to court, but even then it's just remanded to a hearing officer, nothing about you being fit or unfit will come up in a child support hearing, because custody and child support are COMPLETELY separate things. Now, after you get your child support set up, your ex might want to take you to court for custody or visitation (which is what I'm guessing you're worried about). There are a few things that could label you an unfit mother... such as if you have to take a drug test and don't pa__s it, or are caught drinking and driving with your child in the car, or are abusive to the child, things like that. Hopefully none of those things are anything you'll have to worry about. Proving a mother to be unfit is VERY VERY hard. Your ex would have to have SOLID UNDENIABLE PROOF in order for a judge to label you unfit. If your ex just goes in there and says "well she did this and this.. and she's unfit because of this".. that won't cut it. The judge will probably get annoyed with him more than anything for doing that, I know I would! If you have any further questions, I would suggest you go to childcustody.org and ask the ladies on the custody boards some of your questions. They can answer any other custody (as well as child support) questions you may have.

 

Veronique - February 10

What happens if neither of us has paid taxes?

 

Veronique - February 10

Or what happens if HE hasn't paid taxes?

 

frankschick2001 - February 11

An unfit mother is just what you think it is. If you do drugs, have a chronic drinking problem, in and out of jails or inst_tutions, party too much, neglect your child in any way, don't send your child to school, have endangered him, AND he has to be able to prove these things, which can be hard. As far as the tax stuff, you'd have to talk to your lawyer, which you WILL need if taken to court for custody hearings. Is he an unfit father? Seeking child support is your RIGHT. There should be no question that he has to help out financially. If you have to take him to court to get money he is a big time loser. Dont be afraid of the courts, unless you have something to hide. If your child is healthy and happy, has a clean attendance record at school, is not in and out of the ER for accident related injuries, then I see no problem.

 

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