I have an 11yr old daughter who I haven't seen since she was 6. The mother...and I use the term loosely...refuses to let me see her. She has persued me for child support and got it through the courts. I know legally I am entitled to see her. What I want to know is what can happen to the mother if she violates these rights.
2006-12-19 08:27:12 · 14 answers · asked by BigJake418 7 in Family & Relationships ➔ Marriage & Divorce
depending on the state she could go to jail child support and visitation are 2 seperate issues i would call a lawyer or someone familiar with those laws in your state
2006-12-19 08:29:31 · answer #1 · answered by treez1976 2 · 1⤊ 0⤋
Hopefully you already have visitation rights outlined in some form of an agreement. What ever you do, don't take the law into your own hands and withhold child support until you get visitation. The courts will see that more as harmful to the child than the mother. If you don't have visitation rights outlined or the mother refuses to honor them the only thing you can do is take her to court. You can also make a request for the mother to pay your attorney fees because she was violating the agreement. Not sure if you'll get it.
2006-12-19 08:43:14 · answer #2 · answered by CA DIVA 4 · 0⤊ 0⤋
You need to take her to court. Look at your child support paper work. You should have been awarded some type of visitation schedule at that time. If so she is in violation of this and you need to file in court. She is in violation of a court order. If you are unable to pay for an attorney, call Legal Aid Society within your county and ask for assistance. They will probably assist you with this matter or tell you what you need to do. Fathers have rights. It may be a little bit of work, however, do it. You and your daughter will be grateful you put in the extra effort. Good luck and God bless****
2006-12-19 08:33:01 · answer #3 · answered by ? 7 · 0⤊ 0⤋
She can be fined, placed in jail, and even lose custody rights to the child. She is in violation of court order if she is recieving child support and not allowing you to see the child. Nor do you have to pay child support until she allows visitation. But that must be cleared with the courts. Record phones conversations and all others if possible of her telling you you cannot be with your daughter and then take her back to court.
Jonesy
2006-12-19 08:31:18 · answer #4 · answered by Jonesy 2 · 1⤊ 0⤋
If you have an Order signed by a Judge stating you are to pay child support, then there should be an Agreed Order for visitation. If the "mother" wont let you visit, that is contempt of court and she can face jail time. Call your county attorney!
2006-12-19 08:31:19 · answer #5 · answered by teresadick30 3 · 1⤊ 0⤋
Since youre paying support and hopefully its current, the you have the right to see your daughter as prescribed by the courts. If she refuses you can contact the court to report the violation or inform the court you will pay your support payment to the courts to force her into compliance. The courts will advise you the best way to proceed here. Good luck and Merry Christmas
2006-12-19 09:04:32 · answer #6 · answered by Arthur W 7 · 0⤊ 0⤋
Child support and visitation/custody are two different things. Just because you pay child support doesnt mean you get visitation rights. At least in MN, I am going through the same thing with a friend of mine fighting for custody of his daughter. I would get an attorney in your state and go to court for custody and visitation rights if you havent already. If you have, then I would press charges for her withholding your daughter.
2006-12-19 09:13:23 · answer #7 · answered by jadedcuzofu 3 · 0⤊ 0⤋
She will be held in contempt of court, if there is a court document affording custody. Otherwise, nothing. If you want to be a father, where were you for the last 5 years? Get an attorney involved. It is a long process with DNA testing, tons of paperwork and the like. But, be prepared the judge is gong to want to know why now. The excuse "she would not let me see her" will not fly.
2006-12-19 08:31:52 · answer #8 · answered by Local Celebrity 4 · 0⤊ 1⤋
I hope if you do get visitation with you daughter in the future you won't talk about her MOTHER in front of her. You used mother loosely and that wasn't called for. If you have a visitation agreement then yes you have rights, but if you don't then no. In some states, visitation and support are not linked in any way.
2006-12-19 08:32:41 · answer #9 · answered by Premo Mom 5 · 1⤊ 0⤋
It all depends on what the original visitation agreement was. If she is violating that then there are legal consequences. If you can't afford a lawyer then go to the county office in which the papers were originally filed and talk to the county attorney's office to see what needs be done.
2006-12-19 08:31:35 · answer #10 · answered by Brent 6 · 1⤊ 0⤋