Can I get child support without jeopardizing my custody?

Question Details:

My son is 6 and his father has never been around. I've never asked him for child support but times are hard and I need help.  However, I don't want for him to have custody of my son because he is not in a stable place (he's in a gang).  Furthermore,  my son doesn't even know him. I want to know what are my options? I've never taking my son from him; this man knows where I have been living for the past 13 years.

Asked 11/9/2009 under Divorce, Marriage, Alimony | 199 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Legally, there's no reason why you can't file for child support now.  Having let him "slide" for six years isn't a problem here;  in fact, in most states, if you had signed an agreement with him to give up child support for something totally inadequate (in one case that I've read, it was $500), the courts won't enforce that because the child support really belongs to the child, and you aren't seen as having the right to just give that up.

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