re: Custody/Family law questions

Probation rules may stipulate he's not allowed to leave the state or go outside of a certain distance of his address. As far as opinions about wether or not a judge would allow any of the things you asked about, it truly is subjective and dependent upon that individual judge.

That's kinda where we were going with this. I just had no clue (no experience) that a mother who has had physical custody of her child from birth, would need a judge to say she has "legal" custody.

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back child support

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NC said they wont enforce his child support order.

They will garnish his wages, if he reports his income and job. Otherwise they do not have the "time or money" to chase dead beat dads for an out of state mom. That's basically what we have been told. He has made exactly 2 child support payments in almost 2 years.

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The situation is that the biological dad (who has never seen the kid) wants to come here from NC and take him. There has never been a custody order (of any kind). He has never established visitation rights or anything.

Biological dad is on probation in NC for "crimes against nature", and assault of a female. Crimes against nature in NC is a felony, and can be anything from sex with an under-aged person, forcible sodomy, sex with penetration in a public place, or sex with an animal.

My question is, how likely is it that a judge would give him visitation, custody, or let him take the child to NC?

My fear is that a lawyer is going to scare us with the worst case scenario in order to gain a paying client, and make us go through something that we would otherwise be able to avoid.

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without any more info there is one glaring question, is the fathers name on the birth certificate?

If yes he can pick up the child and do whatever he wishes, he has equal rights as there has been no custody decision.

This is a situation where possession is 100% of the law absent an order from a judge.


You need to get a petition before a judge ASAP and tell your daughter to stay where he can not find her until it happens.

If he is not listed as father on the BC he would be committing a crime if he tried it.

This man most likely is looking for a payday not a kid.

Also advise her to keep her legs shut and make much better choices about who she sleeps with and how to use birth control.

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is the fathers name on the birth certificate?

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No, when the baby was born the mother lived in MS father was in NC. He didn't even bother trying to get here for the birth of his child.

If you can figure out what jurisdiction is supervising his probation, maybe you can contact them. He likely isn't supposed to be leaving NC.

I called his probation office this morning. He apparently violated probation and came to Mississippi over the weekend to try and see my grandson.

We have always had more money than he or his family, I don't really know if money is the motivator or just to try and hurt my daughter.

We have never denied him access to the child. Have always said that whenever he wanted to come down here to see the kid he was more than welcome. He has insisted several times that we put the boy on a train or plane so that he can have visitation in NC rather than coming down here. Im just going to tell you, felon or not, my grandson is too young to be flying off to another state to visit people he don't really know. He has been unreasonable with his requests to see the child, and has never really made any effort to work out any sort of reasonable visitation requests.

ETA: I guess money could be a motivator, I forgot he attempted to claim the child on his tax return two years in a row, even though the child never lived with him- and he did not provide support to the child.

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The deadbeat dad being in prison out of state makes this easier.

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Fingers crossed this is what happens to him.

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So how big of a girl is she?

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A little on the medium side, trying to lose that baby weight from the 6 month old is a little harder than it was the first baby.

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Good luck.

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Thank you