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Can anyone tell me if i start to get maintenance off my daughters father (after 12 years of getting none) will he have rights to see her, she not interested in him, would the courts make her spend time with him??
ps. he is in and out of jail and a recovering drug user (scum)

2007-03-10 06:56:24 · 18 answers · asked by Kat 2 in Family & Relationships Marriage & Divorce

thanks to everyone who has had a possitive answer but to those who put stupid answers, dont bother as you dont know the full story, i was 19 yrs old when i met him i didnt know he was using drugs till i was pregnant, he was violant to me once baby was born, so yes i will call him scum if i want and this has nothing to do with my beautiful precious daughter.

2007-03-10 08:01:22 · update #1

thanks to everyone who has had a possitive answer but to those who put stupid answers, dont bother as you dont know the full story, i was 19 yrs old when i met him i didnt know he was using drugs till i was pregnant, he was violant to me once baby was born, so yes i will call him scum if i want and this has nothing to do with my beautiful precious daughter.

2007-03-10 08:06:49 · update #2

18 answers

i disagree with the people that have criticised you for having a child with this man.
my mother was in the same position, and the same age as you when she had me.
i learnt by myself that my "dad" was scum, i think if you took it to court he would owe you a lot of money, but i can't see a judge FORCING your daughter to see him if she doesn't want to...
my only advice is...if she changes her mind, let her discover his faults on her own, otherwise she will be bitter toward you
my mother let me get to know my father...she regrets this because i got hurt, but it was better that way rather than me blaming her for not knowing him
good luck!!

2007-03-10 09:03:32 · answer #1 · answered by northukstudent 3 · 0 0

It is a father's responsibility to see that his child is taken care of...that her needs are adequately catered for...that she eats well and has clothes on her back.....it is not just the responsibility of the mother and it doesnt matter whether the father has never seen the child or not...it is still his responsibility.....This child is innocent.....it was the mother AND the father who bought her into this world...so her welfare is always the first consideration. Whether he sees her or not is irrelevant.....he has a responsibility to contribute to her well-being. If your child doesnt want to have anything to do with her father, that still should not determine whether the father's responsibility to care for his child should be suspended. I dont know what the Laws are in your country...but I live in Australia......and a father is required by Law to pay child support and it has nothing whatsoever to do with whether the father sees the child or not.....to me, that makes sense because like I said, the child is the innocent and it is the parents responsibility if they bring a child into the world to care for it emotionally/physically and financially. The father helped bring this child into the world...he has neglected his responsibilities for a long time now....that is probably the reason why your daughter doesnt want anything to do with him....Regardless of anything....he is responsible for your child's welfare morally and legally....the fact that your daughter doesnt want him in her life is irrelevant...its his responsibilites he needs to honour....he hasnt been there for either of you, so the least you should expect that he is made to be responsible to see that his daughter is well taken care of financially. I couldnt imagine any court in the land demanding your daughter see her father.....I couldnt imagine the Law being much different and if it is, then its a blackmail Law....kinda saying if you dont see me physically I will not give you money....how is that protecting a child's interests?.....its not. He has a legal responsibility to pay child support and your daughter shouldnt have to see him if she doesnt want to. It sounds like he would be a very negative influence in both your lives....The best idea is to contact a Lawyer and find out what your current Laws are.

2007-03-10 07:20:35 · answer #2 · answered by rightio 6 · 0 0

Child support and visitation are two completely separate issues. There is no way that a 12 year old is going to be forced to spend time with a criminal and former addict, especially if she doesn't want to.
He will only get rights to see the child if he petitions the court and the court rules in his favour; highly unlikely considering 12 years has gone by with no support, and your daughter doesn't wish to see him.

2007-03-10 07:23:11 · answer #3 · answered by bcs_boadicea 2 · 0 0

From what I understand the only way that visitation is not an absolute guarantee is if a judge decides it is not in the child's best interest or in a case where the father permanently signs his rights away. An attorney can confirm this, but I would say at his point if he is held financially responsible then he does have visitation rights.

2007-03-10 07:11:26 · answer #4 · answered by Anonymous · 0 0

It could go either way. For one, it depends on her age... I believe that the cutoff is 10 or so, but there is an age where a child has a say in seeing their non-custodial parent. However, if the court does mandate it, they will be supervised visits. If you explain to the courts and your lawer, with your daughter, the situation, he may not have the right to see her.

2007-03-10 07:03:31 · answer #5 · answered by Anonymous · 0 0

u should definatly go 4 the child maintanence money - its hard brining up a child on ur own, and im sure it costs a lot, once they get older. i dont think it means he has to see her and considering her age, if it went to court, she will probably have a say in the matter. if she doesnt want to spend time with her dad, then i doubt the judge would force her to be with him.

2007-03-14 23:21:39 · answer #6 · answered by Mrs_W 2 · 0 0

The ethical thing to do is respect your daughters situation...she will be as confused and emotional and cautious as you are...but for her own logical reasons.

Your 'X' on the other hand, has some moral issues to mend, parental ethical things to amend, and how ever his sincerity plays out in the coming months and years, will no doubt show his motivations.... i would give him this chance, give her the options to forgive or not, and try availing my own opinions to the kid as she asks for them.

The court will acknowledge his accountability to his daughter, it wont be telling her how to behave ... thats her choice.

2007-03-10 08:02:37 · answer #7 · answered by olddogwatchin 5 · 0 0

Thank you for seeing the truth even if it left you in a tight spot. Yes he should pay and he should see his child but push for supervised visit. Your child should be civil and not affected by other people saying things.

2007-03-10 07:01:42 · answer #8 · answered by Anonymous · 0 0

just rember this a child support order is NOT a costody order .He wouls have to file court papers and ask for visitation as well being an excon and drug user it will be supervised if he gets it.as well a court social worker will talk to your child to determan if its suteable

2007-03-14 13:10:19 · answer #9 · answered by christine h 3 · 0 0

If you don't want her to have anything to do with him and not to see each other then I would suggest you forget the maintenance fee. If you are trying to get child support from him then he will have the right to visitation.

2007-03-10 07:06:56 · answer #10 · answered by Anonymous · 0 0

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