Can I get child cutsody and child support at the same time? 17 Answers as of March 22, 2011

I’m going to be a mother and I’m not with the father of my baby. I want to file for full custody so he won’t try to take him away from me. Can I still get child support?

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Yes. The purpose of child support is to provide monetary assistance to the custodial or residential parent. You can have custody and receive child support at the same time. In fact, that is the standard in the state of Oregon.
Answer Applies to: Oregon
Replied: 3/22/2011
Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
Yes, that is why child support is there. We are family law and divorce attorneys in Ogden, and Salt Lake City. Give us a call for a free consultation.
Answer Applies to: Utah
Replied: 3/21/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
Once you have the baby you do not have to file for custody but you can file for child support immediately. I encourage you to contact our office for a free 30 minute consultation.
Answer Applies to: Illinois
Replied: 3/21/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes. You would definitely request both things at the same time. The amount of support you receive will depend on how much visitation dad gets and how much money you both make. You can look up California Child Support Guideline calculators online and estimate the possible outcomes.
Answer Applies to: California
Replied: 3/21/2011
Maclean Chung Law Firm
Maclean Chung Law Firm | G. Thomas MacLean Jr.
Yes, you can definitely get child support. In fact, you can request child support without requesting child custody. If you were not married when the child was born, the mother usually is the only presumed parent, and you already have custody. The father would have to file a petition if he wanted to establish any custody rights.
Answer Applies to: California
Replied: 3/21/2011
    Vermeulen Law office P.A.
    Vermeulen Law office P.A. | Jacob T. Erickson
    Yes. The party who has custody of the children generally receives child support from the other party. Under Minnesota Law, you will have defacto full physical and full legal custody of your child, provided you are not married to the child's father. To get child support, you will have to prove that the child's father is actually the child's father.
    Answer Applies to: Minnesota
    Replied: 3/21/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    If you are not married to the father, you legally will automatically be the infant's natural and legal custodian unless there is a court order entered awarding custody to someone else. You can then file for child support through child support enforcement once the baby is born. Sometimes, however, when you file for child support, the non-custodial parent will seek to legitimize the child and file for custody. Then the court must decide what is in the child's best interest and will award custody accordingly.
    Answer Applies to: Georgia
    Replied: 3/21/2011
    Raheen Law Group, P.C.
    Raheen Law Group, P.C. | Wali Raheen
    Yes, you can seek child custody and support at the same time. Every parent has an obligation to support the minor child. Just because one parent gets custody does not mean he/she cannot seek child support. However, the extent of support and who gets custody will depend on the facts of each case.
    Answer Applies to: Virginia
    Replied: 3/18/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes, depending on the income figures of both parents. You can seek legal and physical custody, but unless there are compelling reasons to keep the father away, he will be awarded visitation at the very least. In any case, a child support order will likely be issued if the child is with you most of the time, and your income is not dramatically larger than the father's. Please let me know if you have any further questions.
    Answer Applies to: California
    Replied: 3/18/2011
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    If you obtain primary custody of your child then yes, you be entitled to get child support and medical support.
    Answer Applies to: Texas
    Replied: 3/18/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can file certain papers with the court asking for both custody and child support orders.
    Answer Applies to: California
    Replied: 3/18/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The two issues can be addressed at the same time. If you are looking for an attorney to assist you in this matter, please call me for a free consultation. You need not wait until the baby is born to proceed.
    Answer Applies to: California
    Replied: 3/18/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can get child custody and child support at the same time. In fact, that is the norm, not the exception. However, just filing for child custody doesn't mean that dad will agree that you get sole child custody or that the court will grant you sole child custody. Child custody depends on the facts, including who has been the primary parent (which hasn't yet occurred, since your child hasn't yet been born), and lots of other facts regarding the parent-child relationships. If dad seeks custody rights in his response to your Petition, unless there are significant relevant facts appropriately presented to the court that persuade the court that dad shouldn't have custody rights (such as a registered sex offender, etc.), dad will get some custody rights, likely increasing with time. Child support is determined via a mathematical formula based on each party's income and custodial timeshare. Family Law Attorneys and Judges generally use the DissoMaster program to determine child support.
    Answer Applies to: California
    Replied: 3/18/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    Child support is to help take care of the child and the expenses as needed. You may not be with the father of your child but he still has a right to see his child and be the father. If you need more information it would be good to come in for a consultation.
    Answer Applies to: California
    Replied: 3/18/2011
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