2007-05-06 02:46:42 · 6 answers · asked by momloveashlee 1 in Politics & Government ➔ Law & Ethics
Depends. Were you married when your daughter was born? Were you subsequently divorced and have a settlement agreement which specifies these things? Parents have rights, regardless of the circumstances which resulted in them being apart but it takes a court order to be able to enforce individual rights. Paying child support is NOT a condition which denies his parental rights if he does not pay. His rights are independent of the child support. You can have him put in jail for not paying child support as mandated by the divorce settlement agreement, but you can not deny him his visitation rights, even if he is not paying as he should be. None of this applies if you do not have a divorce settlement agreement. Without a settlement agreement which specifies these things, you will have to take him to task in the courts. Otherwise, there is nothing you can do in a legal sense to prevent him from visiting or make him pay child support. You should contact an attorney well versed in divorce settlements.
2007-05-06 03:10:38 · answer #1 · answered by rowlfe 7 · 0⤊ 0⤋
For better or worse, a father has the right to visit his child WHETHER OR NOT he is up to date in paying child support. Visitation and child support are two separate matters.
Remember that any child born during your marriage to the father, if you were married to him, is presumed by law to be his child.
The father has the right to visit until the court determines that he no longer has the right to visit. That being said, matters such as custody and visitation are subject to negotiation. Where negotiations fail, often such matters can be arbitrated.
If there are problems, you should hire a lawyer to assist you in negotiations in this matter. A court of law is the last resort, and we try to avoid it. However, if it is necessary, the court should straighten out matters for you.
2007-05-06 09:50:24 · answer #2 · answered by Mark 7 · 0⤊ 0⤋
If you were not married to him when you had your daughter (whether he signed the birth certificate or not) then he has no rights to her until the courts do a paternity test and declare him the father. If he already has done a DNA test and the court declared him the father, or you were married to him when you had your daughter, then he has rights to her until the court says he does not, and he owes you back support.
2007-05-06 02:54:45 · answer #3 · answered by ? 3 · 1⤊ 0⤋
Is his name on the birth certificate? or is it "Unknown" If his name is on there I would say that Yes he has parental rights, and responsibilities
2007-05-06 02:55:13 · answer #4 · answered by Whoa_Phat 4 · 2⤊ 0⤋
He does until the court says he doesnt.
2007-05-06 02:49:49 · answer #5 · answered by elaeblue 7 · 1⤊ 0⤋
No! He doesn't do anything to her! That's what I think!
2007-05-06 02:54:42 · answer #6 · answered by Hello! 3 · 0⤊ 2⤋