Legal Question in Family Law in Connecticut
Question About Child Custody
Hi , My Ex and i Have Went too court for child support when my son was first born, and she told the courts she doesnt want anything from me because i support my son already.Now i pay child support of 50$ a week and when i take my son i buy diapers basic needs etc etc none of this is court ordered i do it on my own , now since we broken up i still pay the same amount and do the same, but she dont wanna let me see him , how can go about getting visitation rights or full custody , now i know its hard for a man too take a child from a mother or so ive been told and can she get child support from me thru the courts if im already paying on my own after she told them she didnt wnat anything from me???? Thank you
2 Answers from Attorneys
Re: Question About Child Custody
Child support is set by statute, so even if you and she sgree to a different number, the court has no choice, it MUST order what the statute calls for, whether you or she likes it or not. They will also take it directly out of your paycheck, whether you like it or not (you can thank Bill Clinton for that one - he thought it up). Also, buying Pampers or clothes or anything else does NOT count for child support, so don't think you get to deduct the cost of that stuff. Forget about custody (unless she's doing the '49ers, on drugs, in front of the child). You will get visitation, however. She can't deny you that (unless YOU'RE doing drugs in front of the child). You'll have to go to court to get a court order for visitation, however. The legal fee is about $1500.00 (depending on which court it's in).
Re: Question About Child Custody
I will add that you can go to court on your own and ask the court for visitation (Although it is always better to have a lawyer)Go to your local court house and ask the clerk for a petition for visitation. It's a form you can fill out and file with the clerk. You will have to pay the filing fee and the marshal's fee to serve her the paperwork.
You are also entitled to joint custody (assuming you aren't doing drugs as Attorney Heffernan has pointed out)Joint custody means that although your child lives with your ex, you get to make all decisions about your child's health, education and welfare "jointly" with your ex. You have the right to know about your child's medical needs, education, (report cards, etc) after school activities etc. Another words, just because you are the visiting parent, it doesn't mean you can't be an active parent. It's all up to you.