CanIget awarded full custody and still get child support if my son’s dad chooses not to see him?

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CanIget awarded full custody and still get child support if my son’s dad chooses not to see him?

He hasn’t seen our son in almost 3years. He doesn’t plan on seeing him and i can almost never get a hold of him. He pays child support when he feels like it.

Asked on November 22, 2011 under Family Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are two types of custody which are physical custody and legal custody.  Physical custody refers to the parent with whom the child lives.  Legal custody means making decisions about the child's education, health care, etc.

Custody, child support, and visitation are separate issues.  The father will still be required to pay child support even though he does not have any visitation. 

You can file with the court an Order to Show Cause (OSC) and a supporting declaration signed under penalty of perjury requesting custody and child support.  When you file an Order to Show Cause with the court, the court will schedule a hearing on these issues.  Your supporting declaration presents your supporting arguments; the facts supporting your request for custody, child support, etc.  The court can order a wage garnishment to insure that the father will pay child support.  The court considers the best interests of the child when deciding issues of custody, visitation, etc.  Attach a proof of service to the documents you file with the court.  The proof of service verifies the date of mailing to the father.  You can either use a court form proof of service or you can write your own.  The proof of service just says that you are at least 18 and the attached documents were sent via first class mail unless stated otherwise to ___________ (name and address of the father) on __________ (date).  You sign and date at the bottom.  The date you sign should be the same as the date of mailing and the same date you file your documents with the court.


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