Custody Following Newly Established Paternity

There isn’t a custody order in place to modify.

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Quoting MommyRN5

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What if dad makes no attempt to see our son after the child support hearing?

For example, let’s say he contributes to his court-ordered child support but does not see our son for 6 months through his own free will? Remember... I have been the one initiating visits together that he has ignored.

Will a judge take that into consideration? Just curious what type of effect that may have on all of this, if any.

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If dad asks for visitation in his petition, but then does not seek a temporary court order for visitation and sits numbly on his hands for six months while the case proceeds, then the court could interpret that as his not having actual interest in seeing the child.

If dad gets a temporary order for visitation then chooses not to show up for any of his scheduled visits, that would also be a factor that you could expect the court to consider when issuing a final order.

I’m sorry, I’m just very confused. There has been nothing filed for custody. We have a child support hearing next week, but dad has filed nothing in regard to custody..

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Quoting MommyRN5

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I’m sorry, I’m just very confused. There has been nothing filed for custody. We have a child support hearing next week, but dad has filed nothing in regard to custody..

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People are saying IF he files for custody and IF he gets a temporary visitation order and he doesn't exercise that visitation for six months until custody is decided then the court is unlikely to give him that visitation or custody.

I understand that. But my question is IF he doesn’t attempt to see our son or file anything now that paternity is established, will that have any impact on custody if he were to file in a year, for example.

Assuming he pays his child support obligation but doesn’t attempt to see our son.

I want to build up to 50/50, but I’m just trying to get a general idea of the outcomes of various scenarios.

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Quoting MommyRN5

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I understand that. But my question is IF he doesn’t attempt to see our son or file anything now that paternity is established, will that have any impact on custody if he were to file in a year, for example.

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If he does nothing, then no court will do anything unless you petition for a custody and visitation order.

If he does something, then the rest depends on what he does.

Ok. So, now that paternity has been established and he is the legal father, he could show no interest in our son for 6+ months, and walk into a courthouse when our son is 5 (for example) and get 50/50 timeshare? Is that correct?

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Quoting MommyRN5

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Ok. So, now that paternity has been established and he is the legal father, he could show no interest in our son for 6+ months, and walk into a courthouse when our son is 5 (for example) and get 50/50 timeshare? Is that correct?

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He can walk into a courthouse at any time he chooses before the child reaches the age of 18, and ask for anything from leaving custody with you with no visitation for himself to primary custody. What he gets will depend upon the facts as they exist at that time, and as they are proved in court.

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Quoting MommyRN5

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Ok. So, now that paternity has been established and he is the legal father, he could show no interest in our son for 6+ months, and walk into a courthouse when our son is 5 (for example) and get 50/50 timeshare? Is that correct?

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Could that happen? Yes, theoretically it could happen. However, just because something could happen doesn't mean that it will. The longer he goes showing no interest in the child the less likely it would be that he gets anything close to a 50/50 timeshare should he eventually decide to be interested in the child.

Thank you all for your help. I truly appreciate it.