Legal Question in Family Law in Montana
I have had full physical custody of my son(6 yrs. old), since his birth. However, there has never been a custody agreement, etc. I did not file for child support. Have received zero financial support from father. Father has seen him a maximum of 5 times per year. Father is now threatening to seek legal custody. What do I need to do so that I have full legal custody of my son, including filing for child support?
1 Answer from Attorneys
Your attorney will:
Draft a parenting schedule.
File a Motion to Adopt Parenting Schedule
File the Parenting Schedule along with the Motion
Will perhaps file file a motion for temporary parenting schedule to avoid interference with your current custodial arrangement while the court is considering the motion.
Child support is the child's right, not the parents' right, so:
Your attorney will calculate child support or ask Child Support Enforcement to do it.
File a Motion For Child Support
Attach the child support worksheets to the motion.
Father will have 20 days to file an answer to each motion after he is served with each document.
After 20 days, your attorney may file for a default if Father does not answer.
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