Q: If my daughters dad isn't involved in any form other than texting me to tell her that he says hi. Do I have to respond?
My daughter is a year and a half old. Her dad quits jobs to avoid child support so he's never paid me anything. He hasn't seen her in 8 months. He will randomly text me to ask me to tell her hi for him but she's too young to understand. He gets really mad if I don't respond right away. We have no custody agreement in place so do I have to keep in contact with him and text him back every time?
A: Technically nobody has to do anything when no court orders exist, but that might not be the best approach to take. The law will look to a parent that tries to keep the relationship going in a favorable way. If random text messages are what you have to deal with (and you may want to save them in case he ever tries pointing the finger at you) then that may be a better position to take than dealing with multiple court battles for custody if he decides to file for custody orders. You state that he gets mad if you don't respond right away. He may get mad enough to seek custody orders, but that might be something you want if you want him stepping up and having eventually multiple days of custody, etc.
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A: I hear no basis to require you to reply. You may want to file for child custody in court to clarify your rights. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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