Establistment of Paternity, Visitation, Child Support
My question involves paternity law for the State of: Arkansas
I wasn't real sure which thread to post this one in. Anyways, yesterday I was served papers for a temporary court hearing on Monday for establishment of paternity, visitation, and child support. I was completely expecting this. He also requests that he be granted temporary visitation until this is over. There is a protection order in place, and I'm under the assumption that it will not matter in this case. In most cases I would be totally for my son getting to see his father. I do not deny that he is that, biologically. I do worry about my child's safety when he is with him though. He has a big history of drug use (crack, meth, etc.... He has actually asked me for permission to do meth when we were together), he's rarely not drunk or drinking, and violent. Although the latter I am pretty sure has a lot to do with the first two. He has never shown any "want to" with quitting. Anyways, if/when paternity is established, do you think it will be easy for him to be able to be around the baby? If I weren't worried about his dad's condition when he had visitation then I wouldn't worry at all about it. There's been several occasions when I've had to leave work because his family said he was "sick." Yet when I got home, I knew exactly what was wrong. I honestly don't know what it is I'm wanting to ask. I am trying to get a lawyer, and a continuance for Monday so that I'll actually have time to prepare. If all else fails, how likely would it be for me to request a hair follicle test, or to ask for supervised visits with drug testing each time? Any kind of advice would be welcome.
Thanks,
One other thing I forgot to mention. I was told that my living with my fiance would be grounds enough to have my son taken away from me. I'm nine months pregnant, and we had planned on getting married in the spring sometime. I was told that if he thought about it, then unless I married asap or moved out then I could lose him. Moving out is all but impossible at the moment since my family lives in Louisiana, and with court going on I doubt I'd be able to leave the state, correct? So is marriage NOW really my only option before I can try to do anything?
Re: Establistment of Paternity, Visitation, Child Support
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Amarie
My question involves paternity law for the State of: Arkansas
I wasn't real sure which thread to post this one in. Anyways, yesterday I was served papers for a temporary court hearing on Monday for establishment of paternity, visitation, and child support. I was completely expecting this. He also requests that he be granted temporary visitation until this is over. There is a protection order in place, and I'm under the assumption that it will not matter in this case. In most cases I would be totally for my son getting to see his father. I do not deny that he is that, biologically. I do worry about my child's safety when he is with him though. He has a big history of drug use (crack, meth, etc.... He has actually asked me for permission to do meth when we were together), he's rarely not drunk or drinking, and violent. Although the latter I am pretty sure has a lot to do with the first two. He has never shown any "want to" with quitting. Anyways, if/when paternity is established, do you think it will be easy for him to be able to be around the baby? If I weren't worried about his dad's condition when he had visitation then I wouldn't worry at all about it. There's been several occasions when I've had to leave work because his family said he was "sick." Yet when I got home, I knew exactly what was wrong. I honestly don't know what it is I'm wanting to ask. I am trying to get a lawyer, and a continuance for Monday so that I'll actually have time to prepare. If all else fails, how likely would it be for me to request a hair follicle test, or to ask for supervised visits with drug testing each time? Any kind of advice would be welcome.
Thanks,
One other thing I forgot to mention. I was told that my living with my fiance would be grounds enough to have my son taken away from me. I'm nine months pregnant, and we had planned on getting married in the spring sometime. I was told that if he thought about it, then unless I married asap or moved out then I could lose him. Moving out is all but impossible at the moment since my family lives in Louisiana, and with court going on I doubt I'd be able to leave the state, correct? So is marriage NOW really my only option before I can try to do anything?
You can request supervised visits, but you'll have to be able to prove to the court that Dad presents a danger to his child.
Who told you that you could lose your son because you are living with your fiance?
Re: Establistment of Paternity, Visitation, Child Support
Unless and until paternity is established, you are the only legal custodian of the child. Once paternity is established, the biological father will have certain rights, including visitation. If the father's drug use is established, that could be a basis for supervised visitation and would work against him if he seeks custody of the child once paternity is established.
In Arkansas, being unmarried and living with another person with whom you are romantically involved while your child is present, certainly in the context of overnight stays, is a no-no and could lead to loss of custody of the child. Case law gives the judge a lot of discretion in the matter to decide what is in the child's best interests--in some cases cohabitation with another unmarried person in the child's presence may not be enough by itself to warrant a change in custody but it is never a good thing. As was summarized in one case note:
"Parent & child - cohabitation without benefit of marriage may be regarded as material change in circumstance warranting change of custody - order changing custody affirmed. - Extramarital cohabitation in the presence of a child has never been condoned in Arkansas, is contrary to the public policy of promoting a stable environment for children, and may of itself constitute a material change of circumstances warranting a change of custody; case law clearly provides that cohabitation without the benefit of marriage may be regarded as a material change of circumstances; moreover, it is an important factor when considering what is in the best interest of the child; here, the trial judge also considered the parties' lifestyles, stability, and availability; because the appellate court was not left with a definite and firm conviction that a mistake had been made under the facts of this case, the trial court's order changing custody was affirmed."
Alphin v. Alphin, NO.CA04-444 (Ark. App., 2.23.2005).