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Can you keep the father of your child from having visitation rights and still collect child support?
Lilchichi25
Child support and visitation are two separate issues. The custodial parent can file a suit for child support but cannot deny the non custodial parent custodial or vistation rights is said parent wants those rights. That being said, the non custodial parent can file for custody or visitation regardless of whether the child support issue is addressed or not. Such matters are decided by the court if the parents cannot find an equitable solution.
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∙ 17y ago
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Can a mother get into trouble if the father is paying child support and not seeing the child?
Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.
Does a biological father have any custodial rights if his name is not on the birth certificate?
Yes he does. If he wants to see his child he needs to go to court to set up legal visitation and support of the child. If he refuse's to comply with the court on child support they could pronounce him the father and he would have to pay child support anyway. Most fathers are having DNA tests done in the hopes of getting out from under child support and it works if they are not the biological parent.
Can you father with domestic violence and drugs on his record get visitation rights and if so can he take them to the state he lives in which court would he have to go through his state or the mother?
Yes and no. Having a record or it does not mean it's still a problem. Since being fatherless is far more damaging, if there is a concern, set supervised visitation for a designated period of time with random drug tests. see link
Can a father get his rights back to his child?
He can file an injunction, as he should. Then, he must take the necessary steps to establish his paternity legally in order to obtain his parental rights. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent or he must seek another way to establish his paternity and that is done through a DNA. He can then establish his paternity legally through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child. On the other hand, if a court already has jurisdiction over the case, and if there is a visitation order already in effect, the mother must allow the child to visit with the father according to that schedule. Withholding visits with the non-custodial parent can eventually result in the custodial parent losing custody if the other parent presses the issue in court. She can move without approval as long as it doesn't impact visitations. She cannot move far enough away to interfere with established visitation without the father's consent and the court's approval. Unfortunately, courts are notoriously lax in enforcing visitation rights for fathers - so much so that most mothers do not realize they are supposed to get approval before making such a move and most fathers run out of money pursuing their visitation rights without getting their visitation rights enforced when a mother moves without prior approval.
If a father signs away all rights and stops child support does the mother have to agree?
Yes. The court's job is to decide what is in the child's best interest. Even if the father does not want to see the child, why would it be in the child's best interest to give up child support for the child? There are, of course, exceptions, such as when the father is so bad for the child that giving up child support is better than having him around.
Can a mother get into trouble if the father is paying child support and not seeing the child?
Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.Not if the father hasn't requested a visitation schedule. The mother should allow the father to visit with the child. However, if there is no visitation order in place she won't "get into trouble" if he's is not having visitations with the child. Child support and visitations are two separate issues as far as the court is concerned.Fathers are entitled to visitations. If the mother refuses the father should return to court and request a visitation schedule. The mother will be legally obligated to obey that order.
Can a father who doesn't pay child support get visitation rights in Ashley OH?
yeas, because of the two, not having a father is far more damaging to the child and society as a whole. see link below
Can a mother keep a father from having visitations with his kid?
No. Unless she has court written visitation papers or a restraining order. The Father needs to take her to court and get the visitation schedule worked out right away.
What rights does a non custodial parent have for visitation before going to child support court in Kentucky?
Support and visitation are separate matters. You can be ordered to pay without having any rights. see links below
Can the father still receive visitation even if they he doesn't pay child support in full?
Working on getting caught up on child support does not take away your rights to your child. If you are having difficulty paying your support because of job or income loss, you can petition the court to modify your agreement based on the new information.
What happens if the father of the child is court ordered to pay child support and refuses?
A court order for child support is not a court order for visitation. These are 2 different issues and needs to be petitioned for separately. If there is a court order for visitation she can not say no without breaking it and can then be reported to the court and even lose custody if repeated. Child support is not a must for visitation. The court cares about the child having the right to both parents so if one can not pay at the moment does not mean they are not allowed to see each other. There is after all many mothers on welfare so technically they can not pay for their child either but they have custody. If there is no court order I suggest you go to court to get one.
Does a parent have to pay child support without having visitation rights?
Yes, child support and visitation are two different legal issues and they are addressed separately. However, if there has been no court order issued in the past and the parents are unmarried the father must establish his paternity in order to petition for a visitation order. Once his paternity has been legally established the mother can petition for a child support order.
What can you do if you pay support and the custodial parent won't let you vista the child?
Many jurisdictions take denial of visitation seriously. You need a court order setting forth a visitation schedule; having that, you can ask the court to enforce that order.
Does a biological father have any custodial rights if his name is not on the birth certificate?
Yes he does. If he wants to see his child he needs to go to court to set up legal visitation and support of the child. If he refuse's to comply with the court on child support they could pronounce him the father and he would have to pay child support anyway. Most fathers are having DNA tests done in the hopes of getting out from under child support and it works if they are not the biological parent.
If I paying child support and having regular visitation with my child do I have to continue visitation if my child is abusive to me and others?
One thing I do know is that visitation and support are two separate issues. Whether or not you utilize your visitation rights, does not mean whether or not you pay child support. So in my opinion, no, you don't have to visit...but you still must pay support...and on another note...do you think that maybe your influence might help your child with whatever is making him/her abusive? And maybe your lack of influence might hurt him/her? I am very pro-involvement as far as parents go. Please try to solve the problem by means other than abandonment.
You married a woman who already had a child by another man. You subsequently divorced and then she found out she was pregnant. Do you have any rights regarding the new baby?
If you are the father of this new baby, you have the right and obligation to support it, regardless of your relationship with the mother. If you are concerned whether the child is yours you can insist on a paternity test to see if you are the biological father. Of course, in addition to having the obligation to support your child you will be granted visitation rights if you request it when the case is brought to court.
Does the father have to see the child if they will not pay child support?
Regardless of whether child support has been paid, the NCP has the right to visitation as it is designated in the custody agreement, even if the custodial parent has "sole custody". The father should refer to his custody order for the child(ren). Depending on the division of custody, the noncustodial parent's (NCP) can vary, but it most always is spelled out, such as just as an example- Father shall have every other weekend starting at 6pm to Sunday at 6pm and the following holidays: etc. etc..: The NCP (father in this situation) can take the issue to court to petition against the CP (mother here) for withholding visitation. In this situation, the NCP should continue to pay the child support faithfully and punctually as while this is NOT suppose to factor into visitation, it does look good when standing in front of the judge.
