Q: If i file for Child support against ex, does he still visitation rights if he's abusive?
Baby is not yet born. Father and i have no contact whatsoever right now. He's very abusive and i have texts from him threatening to kill me and texts stating that he has hit me but no photo proof because he deleted them all.. If i ask for sole legal and physical custody of my child and file for Child support, can he still have visitation rights if i fear for my child's safety and well being?
A:
Child support and visitation rights are separate issues even though you can file for them together in the same pleadings. If he is on the birth certificate than you would want to file a Petition for Custody and Support. At the same time you should file a Request for Orders which will set out to the court the reason you want to deny him visitation with the child. You can file the Request for Orders as an emergency request.
In the alternate you might consider filing a Request for Domestic Violence Restraining Orders as an emergency. The DV action will address his visitation rights as well as support.
Your initial pleading in either case will need to me complete and detailed, with any evidence you do have of his abuse. You will need to convince the court you are justified in having fear for the safety of you and your child.
A:
much more info needed.
you need to make an appointment with a family law attorney (and probably police) in your area and get help filing a Domestic Violence Restraining Order asap.
support and custody are two separate issues though often in the same moving papers.
you should never discuss sensitive info like this on an open forum.
A: Anything is possible. Whether his request for visitation is granted depends entirely on how you draft your documents and what evidence you present to the court that Dad having visitation or custody is not in the child's best interests. To make sure you present your evidence properly and prepare your documents properly, I recommend you retain an attorney.
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