the father has a violent background and will not pay toward his childs support. he has had nothing to do with the child since he was born a year ago and now he wants to see him.the mother is scared and does not want him to see him. what are her rights?
2006-10-18 00:50:07 · 23 answers · asked by jane f 1 in Family & Relationships ➔ Other - Family & Relationships
not mine, he wouldn't!
2006-10-18 00:51:53 · answer #1 · answered by rose_merrick 7 · 0⤊ 2⤋
It would do you good to call and get some legal advise on this subject. If the father isn't paying any child support, the lawyer could 1st off help you with that. Secondly, you may want to ask the courts for supervised visitation for him since he just got out of jail. But I do think that at some point you should allow visitation by the father after you get the other stuff worked out. If you deny your child it's father it will come back against you one day when your child realizes you kept it from knowing it;s Dad.Get some legal advise before anything else. Most lawyers will give you a free consultation.
2006-10-18 07:55:49 · answer #2 · answered by vanhammer 7 · 0⤊ 0⤋
OH MY poor child the mom is scared and confused as an adult imagine what this child has in store for the future if this doesn't get resolved. Laws are different in all states.Definetly supervised visitations if they happen due to the violent nature. The fact the father has nothing to do w/the child for thje 1st year of there life then suddenly wants in would scare me as well. You might be able to get court ordered parent counseling,mediation counseling and anger management courses for the father if he is sincere about wanting to be a dad he should have no problem taking these steps for the safety of the childs mental and physical health. Bless your heart and good luck
2006-10-18 08:02:42 · answer #3 · answered by hardworking_ct 2 · 0⤊ 0⤋
He should pay something towards the upkeep of his child. has this person referred the matter to the CSA? He has a legal right to support the child whether he wants to or not. If he claims not to be the father the CSA can force him to take a parental DNA test to prove parentage. In relation to visitation rights, the mother should seek legal advice but tell him that she doesn't want him to see the child until she has spoken to a legal Representative possibly someone with experience in family law, if he sees fit the solicitor can get a court injunction or a restriction order placed on the father is unfit to look after the child but there is always visitation with supervision if the mother feels that she can't trust him but make sure she seeks legal advice and they will be able to help her.
2006-10-18 07:56:59 · answer #4 · answered by GaryUKB 3 · 0⤊ 0⤋
Is the father has a violent history, mother can look into getting a restraining order first. If the safety and welfare of the baby is at stake, father should not see him yet. Courts can order supervised visitation, is supervised by a social worker so mother doesn't have to be there. Contacting a lawyer would be the smartest move mother can make.
2006-10-18 07:55:24 · answer #5 · answered by Mo the treehugger! 2 · 0⤊ 0⤋
If they were never married, he has to petition the court for visitation. She doesn't legally have to let him see the child until it is ordered. At that point his violent past can be brought up and supervised visitation can be ordered. Visitation and child support are 2 separate issues. The court will not with hold visitation because of non-payment, but it will be a factor.
If they were married he automatically has visitation rights, again non-payment of child support is still not going to void his visitation. But if there is a fear of violence the mother can request supervised visitation.
If it were me and I was really afraid. I would make him take me to court to see the child whether we were married or not. I would fight like hell to keep him away from my kid. Especially since the child is only 1 yr old.
But that's me.
2006-10-18 07:54:22 · answer #6 · answered by ? 6 · 1⤊ 0⤋
You need to see a solicitor about this, seriously. The situation where you are might be different from where I am.
In Ireland, a man cannot be prevented from seeing his children, but he cannot be forced to either. He can be forced to pay maintenance towards their upbringing, but the two are not linked (I know, it's a scandal, fathers who genuinely care about their children will do their utmost to contribute to their upbringing, even if it's as little as a fiver a week). The mother's rights are to maintenance, of that I am sure, but with a difficult father the best way to do this is to go through the court system, then all payments documented.
2006-10-18 07:56:57 · answer #7 · answered by Orla C 7 · 0⤊ 0⤋
Is it written in any child-support documents? That is the first place to look. Normally, I'd say its good for the child to know his father, but given the violent background, it may put the child in peril. The mother needs professional legal help.
2006-10-18 07:54:06 · answer #8 · answered by robinallsup 3 · 1⤊ 0⤋
In OHIO the law is even if you do not pay child support that does not affect wether or not you are allowed to see the child. In other words, he IS allowed. If you fear for the childs safety you may ask your atty. or case worker to ask the judge to have visitation supervised. You may not want him to see the child at all, but after being told it will be at a central location and supervised, I bet he doesn't show. PROTECT your child! I have no legal training..I too am a parent that was in this situation.
2006-10-18 07:58:27 · answer #9 · answered by Laura 2 · 0⤊ 0⤋
she needs to speak to a solicitor or someone from social services so that they are aware of her concerns and can arrange for someone to be in the same room at all times and supervise the visit at the end of the day a child needs both parents and should be given the opportunity to see the dad. However, if there is a very big and real threat of violence i too would be cautious about it all. remember children pick up on more than us adults like to admit and when he is old enough to understand that dad is not a very nice person he himself may decide he doesn't want to see him, but at least you haven't denied him the chance. all the best
2006-10-18 07:57:13 · answer #10 · answered by missree 5 · 0⤊ 0⤋
Jane
any man can be a dad but it takes a real man to be a father. Ring the support agency and give them a much back ground on him as you can. Don't let him get away with it and with him having a violent background there's no way i would even let him near your son. He has know rights, you have always been there for you son please don't let him near him
2006-10-18 07:55:41 · answer #11 · answered by chass_lee 6 · 0⤊ 0⤋