My boyfriend filed for legitimization and full custody of his 2 sons last month on his own. The mother of the children did not respond to the petition, he has submitted documents for a hearing before the judge. Over the weekend, he was sent child support papers. He has been taking care of the kids as he should - emotionally and financially. We were getting the kids every time she had to work and on the weekends. Our issue has been regarding visitation and treatment of the boys. When the mother doesn't get her way, she withholds the kids and asks for money. I understand she can withhold the kids since they are not legitimized. Last month we paid her $500 just to get the kids for the weekend after she had kept them away for over 2.5 weeks. She called today asking for $450 for the kids after getting money over the weekend. She currently has a DFCS case against her and is being investigated.
My question is, can he be placed on child support while having an ongoing case regarding the custody of the children? He has not been to court yet, she initiated the child support case after getting served with his petition. She called today wanting to drop child support under certain terms.
Same answer as when you posted an hour ago. Yes, and it was expected. Your boyfriend is headed towards likely bad results by winging this without counsel. BTW, she cannot drop child support.
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Agreed. The court can, and will, enter an order for support in the legitimation case, even without the separate child support case. Having two cases out there is inefficient, but DCSS will keep the child support case open as long as he is representing himself. Talk to a local attorney about representation and see if you can get the cases consolidated.
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I agree with my colleagues. Yes, there can be a child support case and order issued while the legitimation is pending. That really can confuse things. Your boyfriend needs an attorney who can step in and hopefully consolidate the cases. Until then, your boyfriend needs to respond to the child support case, provide requested documents and appear at any hearing.
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