my life status:
-21 years old
-pregnant to a baby boy
-work 21 hours a week at a hair salon (not yet on the books but will be soon)
-parents help me pay for bills and give me a room to stay in
his life status:
-23 years old
-on welfare (he insists he doesn't have to pay child support because of this)
-criminal background for theft
-physically and verbally abused me in the past (I have proof of it through facebook and text)
-he is constantly criticising me, calling me names, humiliating me, and bringing me down.
-lives with his mom in a very dirty house that hasn't been cleaned in years
-lisence was suspended for 6 months.. getting it back in a few days now and driving his friends old car.
How much child custody for me?
Can I get child suppor
Will he be requesting parenting time or custody? Do you have any pictures of the dirty home? I believe you will have custody and he will have some parenting time, unless his criminal background is seen as possibly putting baby at risk, in which case his time will be supervised. Document and photograph anything you can. Child support will be determined by child support guidelines.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
There are two types of custody - Legal and Residential.
Legal custody is who can make life decisions for the child, i.e. seek medical treatments, enroll the child in school, access records, etc. Generally, parents will share joint legal custody. Sole legal custody is common when one parent is unable to make legal decisions in the best interests of the child due to a severe disability, severe drug/alcohol abuse, or possibly due to incarceration.
Residential custody refers to how the parties exercise parenting time. There is a parent of primary residence, the parent that the child spends 50% or more overnights with annually, and a parent of alternate residence.
The court in determining custody will base its decision upon what is in the best interests of the child. A criminal history alone is not sufficient to terminate or limit parenting time, unless the criminal history would place the child in harm's way, the nature of the criminal history would need to be evaluated. A history of theft is different than a history of violence towards others.
A history of abuse between mom and dad does not necessarily limit or give a basis to terminate parenting time. Again, is there any history of abuse or violence towards the child? With that said, know your rights, upon any incident of domestic violence, you have the ability to seek a restraining order against the abuser. A temporary restraining order can be obtained at the police department or courthouse.
If the condition of his home is a concern, you may have the ability to request a home inspection.
Child support is determined from the parties' incomes using the NJ Child Support Guidelines. The court has the ability to impute income to an unemployed or underemployed party.
You can file a complaint for custody at the courthouse to request custody, establish a parenting time schedule and request child support.
This response is not to be construed as legal advice and is provided for educational purposes only. This response does not create an attorney/ client relationship. The response provides general legal information and education. This response does not address any specifics concerning this inquiry, as the inquiry as written may have omitted details which would make the reply unsuitable. The inquirer is strongly encouraged to consult with an attorney in his or her own state to acquire more information about this issue. Licensed to practice in New Jersey and Pennsylvania.
After the child's birth, if you want to address custody and support in an official capcity you must file a Complaint for Custody and Support with the Family Division in the County where you and the child reside.
On the facts presented it is impossible to tell you for certain what type of parenting time schedule would be put in place (you do not even know for certain whether the child's father will be seeking parenting time); nor can an opinion be given regarding the exact amount of child support that will be received, although you can be assured that the court would set a child support obligation.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
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