If you are paying child support, shouldn't you have the right to see the child?

Question

I have never seen the child, and yet iam paying child support, how am i suppose to know if the child is mine or not. She lives in PA and I live in IL and she (the mother that is) wants nothing to do with me. We haven't spoken since she said she was pregnant.

Let me clarify my question better. I signed no papers, I saw no papers, I was not there for the birth and I have never seen the child period but yet I am named the father by default. That was my fault for not making it to the hearing, but I am paying for something that I really don't think i will ever see. Is this right? Courts say they won't give me DNA test now because it has been over 7 years since the suit was filed. I really think that I was sterile then and now still as well. When you screw someone and where protection, and get told less that a month later she is pregnant its bullshit. The date of conception and the day we slept together that one day don't match the birth date of the child. If the child is conceived in September and I sleep with her in November is it possible.I think not. She lied to get money from me cause she had no idea who the real father was. She needed a patsy, and that was me.

Answer 1

the simple answer to this question is yes. visitation does not hinge on paying child support.

if you do not believe that the child is yours, you will need a paternity test to prove this to the court as they will not take your word for it.

if you would like a relationship with this child, you can petition the court for access/visitation. depending on the age of the child and the length of your absence from his life, you may start off with supervised visits as the courts do not like to negatively interfere with the child's routine too much

i would strongly suggest that you contact a family law lawyer to discuss your options

Answer 2

Child support and visitation are two separate issues. You don't pay CS so you can see the child, like a time share, you pay CS because you have been judged to be the father of the child. You either signed a form saying you are, or you took a DNA test and it decided you are. If you just signed a form and you don't even know if you are the father, you are in for a world of hurt if you are not. You've been acting as if you are, and you very well may be stuck continuing to act as if you are, regardless of whether or not you actually are.

As for visitation, you need to ask for it. It is possible to pursue child support but not custody/visitation, just as it is possible to pursue custody/visitation without child support. Again, they're separate issues. If you have not asked for visitation, and you have not been granted any in court, you may have some unwritten rights, but you won't have a legal leg to stand on if you ask for visitation and she says no.

I would recommend you go see a lawyer. Take all the papers you've received, copies of everything you've signed, and ask questions. There's also a book called "Umarried Parents Rights and Responsibilities" that I'd suggest you pick up (or find something similar).

When you research your rights, and when you talk to a lawyer, you are going to need one that is familliar with the laws of the state in which the child resides. Long distance litigation is complex, and you might be best off with a lawyer near the child.

Good luck. An involved parent is the best gift you can give your child. It won't be easy, but keep in mind that it's not about you, and it's not about the mother, it's about the tiny life that you both helped to create.

Answer 3

Did you ever have a DNA test done to prove paternity.If not it may be the best money you ever spend.Has a court determined you were not fit to be a part of the child's life.You should seek legal advice to see what your rights are. I imagine it is easier to see the child if a court decides in your favor. If you do get to see the child start up slowly as you will be like a stranger at first.I would suggest that someone who knows the child be present so it would make the first meetings easier.

Answer 4

FIrst you should look up what the laws in your state are pertaining to your child and parents involved. Then you may need to go threw the correct channels to get visitation with your child. Which may or may not include a blood test. Depending on any reasons as to why you are not able to see your child, you may have to get a lawyer and prove that you are a good parent and that no harm would come to the child, while the child is in your care, along with other issues a lawyer would be better suitable to answer for you while going threw this issue.

Answer 5

You have to get a lawyer and have a DNA test done. if you signed the birth certificate then you dont need a DNA test because it doesnt matter, you will have to pay child support no matter if you are the parent or not. If you never signed a birth certfiticate get a court ordered DNA test. Also get the lawyer to fight for joint custody ( to reduce or eliminate child support payments. ) or at least visitation rights. You do have the right to see your kid.

Answer 6

It depends. Most courts order for visitation unless the parent has a serious problem and is a really unfit parent (ie- drug or alcohol abuse, history of child molestation or other abuse, anger management problems). If the parent that doesn't have visitation has any of these problems, then that parent needs to take care of his/her own issues before trying to parent a child. After those issues are resolved, the parent can go back to court and perhaps get visitation rights. However, just because the parent can't see the kid doesn't mean that he can shirk his/her responsibility to financially care for the child.

Answer 7

That's a legal question. If you were order to pay child support but not given visitation rights then no. If you were ordered to pay, but there was no order on visitation rights (and the mom hasn't filed for sole custody) then legally yes. If the mom is keeping you from seeing the child and you are legally allowed to visit, you can get court ordered visitation rights.

Answer 8

By all means. You have all rights to see your child. The other parent has no right to keep your child from you. You actually have the right to see your child even if you don't pay child support. If the other parent refuses to let you see your child, call the police and they will settle the situation. If they continue to be a butt about the situation take them to court.

Answer 9

That depends on whether or not you are a fitting influence or a hazard to the child. If the courts decided that you are not, then no. But you are still responsible for the child being here on earth, and therefore responsible for financially supporting it. It's not about you...it's about what's best for the child.

Answer 10

*Yes!* you have the right to see the child she will have to meet you half way if need be so you can get the child If it is a court order for you to pay child support then you have the right if she is not letting you see the child for her own selfish reason then by all means plz feel free to contact a law firm ASAP because paying child support gives you that right to see you child