Legal Issues - Sister Child Support?


Written on November 11, 2009 – 4:09 am | by Drug Abuse Help

Hello and Thanks to everyone for answering my other question
http://answers.yahoo.com/question/index;_ylt=ArJRjP.R.QiU7q4bEHIEGvAazKIX;_ylv=3?qid=20091022103629AAyA9Jz
But this is another issue… My sister…

When I found out that my sister (Jess) was pregnant, I must admit that I was upset with her. For the simple fact that this guy (Fil) she got pregnant with was a real jerk and they were both financially unstable. She lived with him at the time she got pregnant (he still lives at home with his mom in a garage converted into a bedroom) and we accepted him because we had no choice she liked him.

During her pregnancy, he would make her do everything. Cook, clean, Move the furniture and refrigerator around. When we had birthdays or occasions, he would tell her to tell us that they already had plans. But yet when I called her, she was crying telling me that she was bored and doing nothing at home and that he is keeping her from us because he didn’t like us.

For Fathers day she convinced him to let her come over to my house so that we can celebrate this together. He agreed but she got down from the car with my nephew she was (still in pain because she had the baby 3weeks ago from this point) and he just sat in the car waiting for her to come back so that they could leave. I asked Jess what was wrong with Fil and why doesn’t he want to hang out because we are all trying to get along. She said that he doesn’t like us and I told her that it still wasn’t an excuse for him to treat her the way that he does.

I told her that his nasty attitude is starting to piss me off and since she is my only sister, I am not willing to just sit around doing nothing while my little sister is being treated like dirt. I was going to walk out side when my Fiance’ saw how upset I was, he told me to stay in the house and went out side to confront him. He told me that he wanted to speak with him man to man and understand what his problem was..

My sister kept telling my Fiance’ Erock not to do it but he went out side to talk to him anyway. When Erock walked up to the car he said "What is your problem?" "Why are you doing this to our sister and why are you putting her thru so much pain?" Fil got down from the car willing to fight Erock and Erock simply told him that he didn’t go outside to fight but to understand what his problem was. Fil just stood there saying "what do you want to do about it? Here I am lets fight.." Jess ran outside and said no! She pulled Fil back inside the car and he told her to get her things because she wasn’t coming back.
2days pass and we find out that Fil is moving Jess and the baby to Texas. He said that we are always getting in his business and since they are moving to another state, there wasn’t anything that we could do about it. She told me for mothers day, he got up bright and early and left. She thought that he got ready to take her some where or to bring her a gift. She said he was gone all day and didn’t return until midnight on Mother’s day. She told me that she stayed up crying the whole night thru because he left her.
She told him that she needed some money to buy some things that the baby needed and he refused to give her anything. She had to call me to send her money for diapers for the baby and misc things that she needed for herself. She told him that she was tired of him treating her this way and told him that she was leaving him. He told her to go ahead and for her to figure a way for herself to get "back home" (to my moms house) he refused to help her.

My mom and I sent her some money to take a plane back to California. She got back and she told him that she is going to send him to Child Support because during pregnancy and during the baby’s time born, he didn’t give her a dime for the baby. My mom and I were helping her the whole way thru. He told her that she better not or else he is going to fight her for Child Custody. Since Fil said this to Jess, she has decided not to go thru with the Child Support because she doesn’t want Fil in any part of the baby’s life. (Please keep in mind that Fil’s family have a history of violence and drug abuse. He moved back home with his mom which is also housing his two sisters who are also drug users..) Jess doesn’t want this kind of life for Chris so she doesn’t want Fil in his life.

My Question -
What will happen in court?
Should Jess still file for Child Support?
By doing so, does this mean that Fil has a right to see or visit Chris?
Is there a possible way that Jess can just get full custody and also get Child Support?

Please give me your input.

Thanks so much!!

3 Responses to “Legal Issues - Sister Child Support?”

  1. Shihao said:

    Nov 11, 09 at 1:03 am

    A court considers above all the prospects of the child. Legal custody would be decided on whether a parent is capable of making sound decisions for the child. Physical custody would be decided on whether a parent is capable of providing a sound environment for the growth, development of the child.

    In the question of reward of custody, it makes no difference whether one receives or does not receive child support. So your sister should try to push for as much child support as possible. She cannot deny the child’s father of custody simply by rejecting child support.

  2. MagnusMoss said:

    Nov 11, 09 at 12:35 pm

    She can’t get child support for the time they were living together and she was pregnant. Child support doesn’t start accruing until the court sets an amount,

    In court, they will probably give Jesse custody, the father some sort of visitation, and order him to pay child support.

    Yes, she should go for child support. Why is it that women let guys get out of it if they are enough of a jerk? You said she was financially, unstable , so she needs it. If she goes on public assistance, the government will go for child support anyway.

    The guy has a right to visit the child regardless of child support.

    Yes, if the courts decide the father is dangerous.

  3. Michael_H said:

    Nov 11, 09 at 4:38 pm

    1) What will happen in court?

    No one knows that until the court date. As a general rule, unless there is a reason that the child shouldn’t remain with the parent they have been living with, then the child remains there (with your sister)

    2) Should Jess still file for Child Support?

    Absofrigginlutely

    3) By doing so, does this mean that Fil has a right to see or visit Chris?

    By being the father, he has a right to visitation, what visitation he gets is a matter for the courts to decide.

    4) Is there a possible way that Jess can just get full custody and also get Child Support?

    Possible? Yes. Probable Yes. Again, if the child has been residing with the mother, then it would require the father to prove she is unfit. Secondly, he would have to hire an attorney to do so, also I am assuming is not likely.


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