Does father rights really work?

Question

My son father is trying to take me to court because i refuse to let him see our son until he starts giving me money for the baby ive been nice in off to let them see the baby these past 9 month (his family) but yet my son never comes back his diapers clothes nothing and they get mad at me for trying to take the baby away i have not took him to child support because he does not have a job can i still get something and know they have told me that they want to go to court for father rights to get visitation days will they give them to him not to mention hes having another baby he cant to it with one what makes me think he will take care of mine now plz help?????????

Answer 1

Yes he will more than likely get visitation because you are not allowed to keep him from having vistation. Child support is NOT payment for vistiation and that is what YOU are doing. You are basically using the child support as payment to allow your child's father to see him. If your ex husband was smart he would go for joint custody at this point and would more than likely be awarded it based upon YOU going against court orders. Basically what you've done is put yourself in contempt of court.

Answer 2

O.K. let's clear this up. A couple of the answers were close, but as of yet, no clearly correct answer.

First, There is no idication that the couple was married therefore, in the eyes of the court, this child has NO LEGAL FATHER. That, people, is the most important fact of this post.

Because we don't know if the couple was married during the birth (or within the legally prescribed timeframe after divorce) the child is not considered to legally be a 'child of the marriage' and therefore, without an Acknowledgement of Paternity signed by the father, this child is without a father.

Therefore, the initial step in this situation is to file for Child Support with an attendant Petition to determine Paternity. The support action will not be allowed to proceed until Paternity has been established.

Also, if the couple was not married, the poster has every legal right to withhold the child from the biological father until such time as a finding of paternity is reached.

As to filing for support, the poster needs to do so immediately. not only is waiting to do so detrimental to the child, it could also cause her to lose the right to retroactive support. Most states allow for Retroactively awarding child support from the date of birth if the action is filed with three years (some up to five years and a few at any time).

This simply means if she files before the child's third birthday, then any award ordered will be back-dated to the child's birth pending the finding of paternity.

As to the issue of the diaper, it's a non-issue. Leave it be.

Answer 3

Hie Momma. Well to me when he has gone to the court, you will surely get the right of you having back the baby, because when he goes to court he will never have his father rights to see the baby anymore, on whereby you have been keeping and also taking canre the baby for a very long time. You it self has a strong point for you and for sure he can't support him because he is currently bot working and still finding for job, if you have this strong point then it should not be a problem on winning the case. Well in a father rights he can get to see the baby, if he can support the baby but most of all mother's love and caring is more important then father's love. In the text you said the two main points can also help you by winning these. So for sure he will loose the case and you will win it. Try this and the tow main strong point you will surely win...............

ALL THE BEST..................

Answer 4

Fathers do have the right to see the child even if he is not paying support. You need to go and get child support and even though he isn't working and maybe wont get any money right away, in the long run he will pay. He will end up with back child support and be in debt forever. Sadly you both sound very young. I hope things work out for you. Remember your child is the innocent here and no matter how you feel about this guy now, you laid down wit him at one point. Your child deserves the best of both worlds as long as both worlds are best for him...

Answer 5

Let him take you back to court and once there make a request for child support. The courts wont care how he gets it as long as he pays it and in return will probably get visitation rights. You can also mention what you told us about the diapers and clothes and have the Judge warn him of such unacceptable behavior

Answer 6

Let him take you to court. If he tells the judge he has given you diapers, clothes, and supplies for the baby-that is just what it is given to you so it is a gift. It is not considered to be child support. Please take no offense, but is there a question of paternity here? Did he sign an AOP? If he did not sign an AOP and you are not married he has no rights and the courts will make him pay for a DNA test. Good Luck!

Answer 7

Any parent can file for visitation rights but it's up to the court as to whether it's in the best interest of the child. If this happens and visitation is granted then make sure your attorney specifies everything in the visitation (ie. returning babies belongings or they must maintain their own supply of clothing, food, diapers, etc) If you need financial assistance check with your local public aide department. They can help with food stamps, monthly stipend and even help you acquire child support payments when he is working. They can also refer you to other programs in your area if you need help with utility bills, etc. You can also check with place like Planned parent hood for assistance with formula and diapers. Hang in there hopefully it won't go to court but if it does be prepared. Have witnesses or notarized statements from people who can directly atest to what he's like.

Answer 8

the father do have rights and if he goes to court he will get joint custody. As far as work is concerned you cant get child support from him if he's not working so you screwed there. He will have to work someday so just set it up in court for child support for when he do work. If he tries to work under the table so he does not have to give you any money, report him. There is no way of fighting this, he is entitled to see he's child. I am talking from experience.

Answer 9

File for child support as a counter claim to his visitation request. Make sure you tell the judge that he has provided no monetary support for the child and make sure the judge orders a child support ruling. So then he will have to pay support in order to get visitation and you will get the money and he will have to get a job because he will have pay his support order.

Answer 10

sure, you have an extremely solid component and it look which you place countless theory into this. I additionally think of it truly is bigoted that adult adult males get no say in the toddler's destiny...after all, it truly is his toddler as much as this is the mother's and mutually as the baby will boost in her, i do no longer think of that provides her each and every of the rights to the toddler. even with the undeniable fact that, i'm uncertain of whether or no longer the father ought to could desire to pay baby help if he needs to terminate and she or he would not...i would be sure the two facets of the fence in this one...sure, he's as responsible through fact the mother regarding thought, so he ought to could desire to pay, yet no, through fact he needed a termination he shouldn't could desire to. i will't settle on! additionally, regarding adoption...the guy does have a decision there. even with the undeniable fact that, a number of the companies are twisted and have techniques of working around the father if the mother needs an adoption. she will declare she would not understand who the father is or she will have somebody from the enterprise write their call through fact the father, so as that they are in a position to sign away his rights. i think of it truly is fairly incorrect and all companies must be forced to have the father's call on the delivery certificates and a paternity attempt as to whoever's call is on there. (Oh, and the guy CAN sign off his rights.) So, truly after all, the guy is particularly plenty screwed. He has of project regarding adoption, however the lady gets to make the choice to abort/no longer abort. i might truly prefer to her some adult adult males's comments in here, too...