my uncle found his 12yr old son's myspace and wanted to get ahold of him but the boys mother says my uncle is harrassing her son, when its his son too. he is paying child support and has been paying child support since the boy was a baby because it would give him the chance to see him. now that he's found him, the mother is keeping him away from his son. is stated in the child support contract that if my uncle pays child support, he'd still be able to contact his son. does she have a right to tell my uncle that she cant see his son?
2007-02-12 07:34:54 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i can assure you that my uncle has paid every cent he owes in child support. it's taken automatically from his check. he was given the option, dont pay child support and give all legal rights to the mother, or pay child support and have contact and visitation rights to his son. he didnt stop the payments because he hoped he'd one day be able to see his son. for years my uncle wasnt finacially stable enough to take care of him. now hes married and has a steady job.
2007-02-12 08:37:27 · update #1
No she does not. As long as he pays, he is granted access by the law.
2007-02-12 07:38:27 · answer #1 · answered by Leah 6 · 0⤊ 0⤋
I agree with the others who answered this question - - your uncle should see an attorney who handles child custody issues. If your uncle has a valid visitation order, then generally, he is entitled to see the child as ordered by the court. If mother refuses, there are legal remedies available to protect the father's rights. However, there are a lot of issues that could come up in the course of this dispute. For example, there might be jurisdictional (which court has authority to act?) questions that need to be resolved. A good lawyer can help your uncle detemine what steps he should take.
2007-02-12 15:52:38 · answer #2 · answered by lawyerjeffmc 1 · 0⤊ 0⤋
IF he has faithfully paid his child support and IF it is stated in the court documents that he can contact/visit his son, then no, she cannot keep his son from him.
If she refused to let him contact/see the son, he will need to file another petition with the court to establish visitation.
It sounds doubtful that he has been faithful with everything though, if his son was "lost" for 12 years.
2007-02-12 15:47:12 · answer #3 · answered by Goose&Tonic 6 · 0⤊ 0⤋
No, she can't legally keep him from his son. Like your other answer states, he's gonna have to let the courts handle this.....so he's going to need a lawyer. I would recommend an expierienced lawyer with these matters. Best of luck to you and him.
2007-02-12 15:50:44 · answer #4 · answered by cajunrescuemedic 6 · 0⤊ 0⤋
No. He needs to get an attorney and petition the court for visitation rights.
2007-02-12 15:42:16 · answer #5 · answered by Enchanted 7 · 0⤊ 0⤋
She can't deny him contact or visitation. But he will have to petition the court to enforce any visitation rights that he has.
2007-02-12 15:40:20 · answer #6 · answered by Catherine T 2 · 1⤊ 0⤋
I think your uncle needs to contact a lawyer.
2007-02-12 15:38:40 · answer #7 · answered by Anonymous · 1⤊ 0⤋