the father has not paid child support or had visitation rights but is now being forced to start paying child support of a 3 yr old. The mother and father were never married. The mother does not want him to have any contact with the child (he hadnt expressed any interest in seeing the kid either) but he has now expressed an interest in visitation rights since he is being forced by the court to pay support. So even tho there are other factors, does the fact he starts paying child support increase his chances of getting visitation rights? this is in illinois by the way.
2006-07-25 05:10:46 · 15 answers · asked by dall0606 1 in Pregnancy & Parenting ➔ Parenting
to clear two things up by the answers Ive seen already .. 1) the kid has never known the father at all, and the mother finally allowed a serious bf into her and the childs life.. so theres a good chance the child will have a good two parent family vs. single mother. also 2) the childs father was very abusive towards the mother, and this is the primary reason she wants to keep the child away from him.. not because shes selfish or anything. I do not know clearly if the abuse was documented, so thats why the real interest in my question is trying to see if paying child support gets the dad's foot in the door -- which is what we do not want to see happen.
2006-07-25 05:31:14 · update #1
in Canada, visitation does not hinge on paying child support. that is to say that i know of several men who pay child support every month and have never seen the child.
if this man wants to become part of the child's life, he will have to prove to the court why it is a good idea and explain his 3 year absence.
but to answer your question simply, "does the fact he starts paying child support increase his chances of getting visitation rights?" ... no, not here anyhow ... but i would suggest setting up a free consultation with a family lawyer in Illinois to get details specific to your case
2006-07-25 15:44:58 · answer #1 · answered by canadian_beaver_77 4 · 2⤊ 0⤋
Child support and visitation rights are not connected in the eyes of the court. Your child's father is entitled to visitation unless you can prove to the court he is unfit in some way. Even then - the judge can grant supervised visitation. I wish more people would stop and think before they bring a child into this world that you will be tied legally and emotionally to the father/mother for the next 18 years - no matter how much you might hate them.That might be the best birth control out there!
2006-07-25 07:09:03 · answer #2 · answered by arkiemom 6 · 0⤊ 0⤋
Well, being a single parent myself I do know a little bit about this situation. First off, he will have to get a lawyer to get the visitation visits started. Now, even though he can get a judge to say that he gets visitation on certain days, it doesn't necessarily mean the mother will corporate with him. He will have to have documentation that he showed up to pick up the child on such and such date and she wouldn't let him have the child. Now, the easiest way to do this is to call the police department and have them escort you out there. Get their card while they are with you, and document all of the contact you have with her. The further this goes on, and if she sees that you mean business, she will probably start letting him have a relationship with his child. This sounds like a very sad situation to me. Why would someone have a 3 year old child and not already have a relationship with them? Whether or not you and her get along now or not isn't the issue. The issue is the child. Please pay your child support, and give her the needed help in raising your child. Sorry, just my opinion and guidance.
2006-07-25 05:21:48 · answer #3 · answered by browneyes45506 2 · 0⤊ 0⤋
Per Illinois law...Unless your ex-boyfriend got a paternity order (saying that he is the biological father) and a visitation order (saying that you have to let him see the child), he does not have the right to force you to let him see the child. If you do not think he is a danger to the child, you might want him to visit, since most children benefit from contact with both parents. Also, seeing his child might encourage him to pay support.
If there is a court order setting out visitation (saying you have to let him see the child), there are legal actions, including contempt of court and even possible criminal charges, which can be taken against a parent who doesn't let the other see the child. If you start to believe that the man is a danger to the child, you need to go back to court as soon as possible to ask to have the order changed. Whether to allow visitation while you wait to get back into court is a difficult decision that you should discuss with a lawyer.
2006-07-25 05:21:44 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, it usually does help, but he should have been paying child support the whole time. After all, it's HIS child, whether he wants anything to do with it or not.
In most courts in the US, the biological father has every right to visit his child. The only reason that may be taken away is if the father is an unfit parent (given to violence, molestation or abandonment of the kids). Not paying child support can be included in the list of why he that right may be taken away.
2006-07-25 05:18:42 · answer #5 · answered by David T 4 · 0⤊ 0⤋
No...I am in a situation like that with my oldest child in the state of TX. His father never acknowledged him since the day he was born (11 years ago). He is forced to pay child support but is always on the run so I never know when I get money but really do not care because my husband takes very good care of my child.
With the background of my son's father...I asked the courts that all visitations be supervised because he does drugs and drinks which I do not allow in my house whatsoever...also he is very abusive. Right now we are working on having my husband adopt my son.
You may want talk to legal in your county.
2006-07-25 05:20:07 · answer #6 · answered by Coast2CoastChat.com 5 · 0⤊ 0⤋
Paying child support has nothing to do with visitation rights. If his name is on the birth certificate then he is considered the childs father unless a paternity test proves otherwise. Unless he is proven to be an unfit father there is no reason he should be denied visitation rights.
2006-07-25 05:41:06 · answer #7 · answered by Cat C 2 · 0⤊ 0⤋
A judge will decide whether he gets visitation rights or not.
Make sure your lawyer lets the judge know what kind of person the father is in all respects and that he only began paying support when FORCED to do so. That says a lot about a man's character.
2006-07-25 05:18:43 · answer #8 · answered by Puzzler 3 · 0⤊ 0⤋
It seems only fair. If you were paying for something, wouldn't you want to see how your money was being used? And don't forget, the kid carries the father's genes too and has every right to get to know his father whether the woman who gave the child birth approves or not. The kid is not a toy, nor a pawn. Animosities should be set aside for the sake of the child.
2006-07-25 05:17:54 · answer #9 · answered by pepper 6 · 0⤊ 1⤋
In Kansas, the two issues are separate. Whether or not he pays the child support, he can petition the court for vistation and will receive it unless he can be proven to be unfit. Of course, if he doesn't pay, he will be held in contempt and could go to jail as well. AND, if he is awarded visitation and mother denies him those rights, she will be held in contempt and could go to jail, even if he isn't paying child support.
2006-07-25 05:18:53 · answer #10 · answered by jboatright57 5 · 0⤊ 0⤋