Legal Question in Family Law in Oklahoma
deadbeat dad wants custody to avoid paying
i took my 2 year old son's father to court for support. we were never married so the state asked for a paternity test. he makes up excuses not to show up for the hearings and refuses the court summons so that they cant set any more dates. He recently started threatening to file for custody after the paternity testing if i dont call off the child suport enforcement hearings. he has never paid any suport and has told me that he feels the child is a problem to him becaue i should terminated the pregnancy.
he and his wife have sent me unpleasant emails- tht i have saved. what can do t prevent him from getting custody and harming my child?
1 Answer from Attorneys
Re: deadbeat dad wants custody to avoid paying
You have asked a common question. The question I must ask in response is what makes you believe that he would be able to convince a judge that he should have custody?
From your facts, you have been the prime care giver for 2 years, he has no relationship with the child, and certainly has not participated in raising the child. Unless you can be declared unfit to be a Mother, you will win any such hearing. He may have a problem in that you did not abort the baby, but that was not his choice. Because the baby is here, guess what ... he gets to pay child support whether he likes it or not!
As to the paternity test, the judge can rule that the test is positive just because he won't take the test! And you can get child support at least as far back as when the court action was filed.