my sister has a baby that is 2 months old.the dad is not in the babies life and really hasnt ever been there.the dad tried to get my sister to have an abortion.he doesnt even know how to take care of a baby.and didnt know how to even hold him.he has a drinking problem and has even had several DWIs.someone told me that there is a way that she can get child support without him seeing the baby until the baby is 3.does anyone know if this is true or have any advice on the matter?
2006-09-11 16:40:34 · 15 answers · asked by noseyroseysillywillie 3 in Family & Relationships ➔ Other - Family & Relationships
From everything I have experienced and heard it is a fathers responsibility to help support any children he has fathered. It is also his right to see that child. Support and visitation (parenting time) are separate issues and visitation can not be denied even if support isn't being paid unless decided by the courts.
Make sure you have good legal advise if things end up in court. Visitations can be set up with supervision (one of your choosing or a safe house) until it is determined that the parent is able to care for the child. Make sure a parenting evaluation is requested and its noted of past alcohol/drug abuse.
When push comes to shove its well worth any attorney fees that is for sure.
My best to your friend and her child.
*Note: In Minnesota the father of my granddaughter was granted supervised visitation and he at that time already had 4 DUI's. Supervised visitation was granted until the baby turned 2 1/2 through parenting evaluation. All this was provided that the father say clean and sober ... he just got his 5th DUI a month ago and is still waiting court dates to determine what happens now. There is nothing clean and dry when it comes to visitation rights. Please make sure an attorney is consulted if the father requests visitation rights.
2006-09-11 16:52:00 · answer #1 · answered by J 3 · 0⤊ 0⤋
Not true. Although I wish it were considering the information you gave. The first thing you should know is that visitation and child support have NOTHING to do with each other. If she needs child support, then she needs to go and pursue her rights. If he wants visitation, he'll go pursue his. However, based on what you've stated in regards to him not even wanting the child, I think it's highly unlikely he will. And if, by chance, he does, she has the right to make sure those are supervised visitations until he can prove they are no longer necessary. And alot of times, he'll have to complete a parenting class, join AA, and be sober for that to happen. Tell your sis not to worry and to go and get some financial help with this child.
2006-09-11 16:46:45 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
She can apply for child support through her local Family Court system. They can help her with the matter of her rights as well as his rights, given his background Each state has different.laws.And If he is working, the Probation Department can attach his wages through garnishment to guarantee payments.
Unfortunately it does not make much difference whether or not the father wanted her to have an abortion. The child is here. As for his drinking problem, that too is a consideration of the courts.
2006-09-11 16:50:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Child support doesn't mean they have the right to see the baby. It is really up to the custodial parent. If he really wants to see the baby he would have to go through a court to get visitation rights. My daughter's father is also a jerk and he has never seen her. I will not let him near her, but he pays child support. I would maybe call your local social services and see if there is different lawa where you live, and good luck to you and your sister.
2006-09-11 16:44:21 · answer #4 · answered by Answer Girl 3 · 0⤊ 0⤋
Yes you may seek a child support but if the father wishes to see the baby in regular basis the judge may possibly rule that. however, if your sister proves that he is unfit father, the law may favor your side. Or file a restriction order for safety purposes of the child.
Consult a lawyer for further infos. Initial consultation is mostly free.
2006-09-11 16:54:01 · answer #5 · answered by tangerine 2 · 0⤊ 0⤋
By law he is required to pay child support if the baby is his, but he can also get visitation.
His record certainly won't look good to a judge as far as DUI's and all and getting visitation but its still a possibility.
You need an attorney,, you can ask them for free, it only costs when you decide to take a legal action.
2006-09-11 16:44:01 · answer #6 · answered by yeller 6 · 0⤊ 0⤋
Child support differs in every state. Your sister may take him to court for child support but he may request visitation. Is this what she wants. Maybe she should cut her losses by cutting the father out of her life all together because of his addiction her child's safety would be at risk if let in his care.
Sometimes we have to weigh out what is the best choice given the situation.
If he does request visitation in court. You could request he enter rehab. and parenting classes. good luck
2006-09-11 16:49:04 · answer #7 · answered by InSight 2 · 0⤊ 0⤋
you could talk with an legal expert for loose by way of legal help. In texas, 25% of the paying discern's earnings is going in the direction of the 1st infant's help and an addition 5% for each infant different than that one.
2016-10-14 22:00:40 · answer #8 · answered by shade 4 · 0⤊ 0⤋
Paying child support doesn't mean that he will automatically get visitation rights. He has to get an attorney and go to court and the judge will decide that.
Having said that, I rather doubt that any judge would give him any kind of visitation with his history of drinking and driving.
2006-09-11 16:45:00 · answer #9 · answered by onlineeeyore 3 · 0⤊ 0⤋
I guess that depends on where you live, but I'm pretty sure getting him to pay child support doesn't mean he automatically gets to see the baby. That's joint custody or visitation rights. And he sounds like a jerk so I don't think he'll be trying to get those.
2006-09-11 16:43:58 · answer #10 · answered by Anonymous · 0⤊ 0⤋