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My Daughter's dead beat Dad want's to put himself on child support to gain rights.. What should I do?

Atlanta, GA |

Hello, I'm in search for answers.. My childs Father is a dead beat that doesn't do anything for her. We're always arguing over her and this last argument was the last! He got in my face, threaten to slap me while my child was in my arms, constantly called me out of my name and put both me and my child out during a visit to his home! After all of the mental abuse I promised him that he will never see either of us again, and it's a promise I intend to keep! But now he is wanting to put himself on child support to gain rights with no job or ever being able to keep a job. My questions are can he do this? What will happen to me? What will happen to my child? How can I prevent it? We've never been married. He doesn't have knowledge of her social or access to her birth certificate. Should I fear

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Attorney answers 3

Best Answer
Posted

CAN HE DO THIS?
Absolutely, he can initiate a child support action. He absolutely cannot "gain rights" by doing so.

WHAT WILL HAPPEN TO ME?
You will have the right/ability to obtain child support from him. If he doesn't pay what he's supposed to under the child support order, you will be able to hold him in contempt.

WHAT WILL HAPPEN TO THE CHILD?
Nothing.

HOW CAN I PREVENT IT?
First of all, you cannot prevent him from causing a child support order to be issued. You do not have the right to deny your child from receiving financial support from the child's other parent. But more importantly, why would you want to? If you're complaining that he's a dead beat, you should be pleased that he is enforcing his legal obligation to help provide for the child's needs.

Based on the information you provided, you currently have sole legal and physical custody of your child. You are also the only person legally recognized as the child's parent. The only thing the father has is a legal duty to support the child financially. Obtaining a child support order will not change that. The father can only obtain rights to the child by first legitimating him/her. If he attempts to legitimate the child, you likely won't be able to prevent that either (unless he actually is not the child's biological father). If, after or during the legitimation process, he requests legal or physical custody, you can "protect" against him obtaining either or both by convincing the court that what you want is in the child's best interest.

Good luck protecting and enforcing your child's best interests.

~ Kem Eyo

The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.

Asker

Posted

I am in a very similar situation (different state) and try to read as much advice on here as I can. How hard is it to prove that it's in the child's best interest to NOT be with the other parent?? And especially without them accusing you of parental alienation?? I can't be certain but I think what the original poster meant about the child support is that the money is not worth jeopordizing her child's well-being. That's how I feel.

Ikemesit Amajak Eyo

Ikemesit Amajak Eyo

Posted

It is completely irrelevant how custodial parents feel about the worth of the money. While it must be paid to you, it is NOT YOUR MONEY to consent or object to. It's your child's. As I stated, no parent has the right to deny (or deprive) their child from receiving financial support from the other parent. You prove what is in the child's best interest by demonstrating the benefits of the arrangement or the harms the child may face by the alternative. How hard or easy it is to prove the child's best interest depends on the specifics of your case. Sometimes it's easy (such as when the other parent has a history of child abuse). Sometimes not so much. Either way, the presentation of evidence is so specific to the details of each case that there is no general formula for how to do it. This is part of the reason why we lawyers suggest that people hire one of us when their case is not simple.

Jody Lynn Peskin

Jody Lynn Peskin

Posted

While I agree with Ms. Eyo completely, I'd also suggest you see about a restraining order, or talk with someone in the DeKalb Solicitor's office - I believe they have a domestic violence unit. If this man has been verbally abusive and threatened you physically,e specially while you were holding the child, you may have a valid fear of him having access to the child based on his temper or any tendancy towards violence. It is possibel that he's only angry because he believes you are preventing his efforts to be a good father. But he could also be trying to use any hold on the child as a means to control and further harm you.Allowing court involvement and an evaluation could force him into an anger management program, benefitting both you and your child, and allowing for a healthy parental relationship at some point with teh father.

Posted

"Putting himself on child support" will only accomplish one thing - he will be paying child support! So, let him do it. It will gain him absolutely nothing regarding custody, visitation, or parental rights. In order to do that, he will have to file a petition for legitimation as a separate action in the county of your residence. You can contest that action if you do not feel it is in the child's best interest. If granted, the Judge can also hear his claims for custody and visitation and parental rights. Until that happens, he has no such rights. If you are served with such a petition, you need to obtain the services of an experienced family law attorney to protect your rights, and to assure that those decisions are made with all evidence and testimony presented on your behalf.

I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.

Posted

You're fighting the worng battle (and the only one that can hurt your case). Putting himself on child support gives him no access to the child; it onlycauses him to have to pay support or face possible severe consequences. That's a good thing and you cannot prevent it.

Unless he ALSO seeks legitimization, he cannot get visitation or custody. Even if he does, he does not automatically win that. You gain nothing by defending a non-existant case.

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