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What if there is an order of protection does the father have rights to see the child?
Wiki User
∙ 10y ago
Yes, as he should for the children's sake. Protective orders are not a sign of abuse, as they are easy to get and nearly 100% of male victims of abuse who seek help will have one filed on them. David Letterman paid $10,000 to fight one in New Mexico brought by a woman who said he stalking her through the TV. In November, a New York man, dressed as a woman, filed one on himself, using all the same information on both the petitioner and respondent lines, including social security numbers. The deputies, after confirming ID, served him. These restraining order have become a tool to control fathers access rights.
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Wiki User
∙ 14y ago
Wiki User
∙ 10y agoThis depends on what the court has ordered. If the order of protection states that the father cannot be around the child, then there is no visitation. If the order protects only the other parent, then a custody agreement needs to be in place to cover visitation and the best method of how to share the child without the parents crossing paths.
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What rights do a father has with his child if there's an order of protection against him?
A father does not relinquish his parental rights when an Order of Protection is issued. The Order of Protection only limitshis rights for the term of the Order.The rights that a father has during the term of the Order should be stated in the Order. Usually, the Order will either deny him access to his child(ren) or require supervised visitation. He will also very likely have to continue paying child support that he is otherwise obligated to pay.Because laws vary by state, you should confer with an attorney in your area.
Does my husband have to assume parental rights for my child in order for the father of my child to terminate his parental rights in Alabama?
No. The biological father can give up his rights and if your husband then want to be more than a step parent, who have no rights to the child, can adopt your child. Or not, that is your choice as the parent.
If the father has visitation rights and has not seen the child can you get full custody and receive child support?
How does he have any visitation rights with a custody and child support order?
If your child's father pays child support but has not had any contact with her in a year does he still have any rights to her?
Yes. He has rights until his rights are terminated by a court order.
When mother has full custody of a child what are the rights of the stepfather vs the natural father?
The rights of the natural father depends on if the father has given up his rights or not. If he has not given up his rights, he has the same rights as the mother, or as outlines in the custody order.
If your name is on the birth certificate are you the legal father?
No he is then the father of the child but in order to get rights he has to go to court and prove paternity first in order to get visitation, custody and pay child support. If married to the mother when the child is born, he is automatically considered the father and have rights.
What rights does a biological father have when the mother of the child remarries?
The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.The child of a woman who is married is generally assumed under the law to be the child of her husband. That type of situation complicates a child's legal rights and compromises the child's genealogy unless the matter is addressed by a court order that identifies the child's biological father. If there is no court order, the mother's husband will be listed as the father and he will be responsible for supporting the child even if the parties later divorce. The child will be his heir at law. The child will not be considered an heir at law of his biological father unless he can prove his relationship at the time of his biological father's death.
Do you have to let your daughters dad visit my daughter?
It depends on the custody arrangement established by the court. If the father has legal visitation rights, then you may be required to allow him to visit his daughter as outlined in the custody agreement. If there are concerns about visitation or safety issues, you can address them through legal channels.
Does the father need to relinquish parental rights in order for the child to be adopted?
Yes, both parents do.
Can the Court order no paternal father rights?
A court can terminate parental rights but that would not necessarily terminate the parents responsibility to support the child.
If the father of a child gets married and owes back child support can the spouse be obligated to pay his back child support in CA?
An unmarried father cannot "choose" to not pay child support. The laws in every state require that a father pay for the support of his child. The mother must bring an action to the appropriate court so that a child support order can be established. Visitation rights are separate and a father can have visitation rights established by the court. Visitation rights are not dependent on paying child support.
Can you file a missing person report on your child if the father will not contact you?
No, not if you know where the child is (because then it is not missing is it!). If the father has taken the child or you are not getting your contact rights then you should consult an attorney (lawyer) and get a Court order.
