and the mother does not expect nor want child support from him but the father decides to take the mother to court in a contest to obtain visitation and/or partial custody, what would the court decide in this situation? what if the mother presents an argument that he is unfit? if the father is given rights, what are the responsibilities/payments/things he must take care of, that the court automatically enforces on the father in refernce to the child?
2007-06-18 13:43:44 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
i was not asking for anyone's personal opinion on why i would want to deny a father of his rights, you are not aware of the circumstances or who this person is...my questions were about facts regarding the law. Thanks!
2007-06-18 15:11:06 · update #1
the court will decide how much and what all he has to pay. They will also decide any visitation. it does not matter if a child is born out of wedlock or not the child still has two parents just the same as a child born with the parents married.
2007-06-18 13:53:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
As soon as the child is born the father has rights to that child, and yes child support is not only looked upon only at the father, but the mother as well there is a calculation the court system uses for both parents. It would be difficult to prove the father unfit unless you actually have some kind of proof on that, and then it's up to the court to agree. If the father takes you to court maybe it's because he wants to do right thing and be part of the child's life(stepping up to the plate) which is a good thing, and actually that looks good for the father, cause then the courts will wonder why you are not letting him be a part of that child's life which is not moving to much in your favor.
2007-06-18 21:03:25 · answer #2 · answered by ? 3 · 0⤊ 0⤋
In the US wedding have nothing to do with paternal rights. He can even be married to another woman and still he will get visitation rights. Even if he is not in the birth certificate he will get the parental rights after proving he is the father (DNA test).
If he gets parental and visitation rights he will also have to pay child support even if you didn't want at first.
Your argument about he being "unfit", it would have to be a very good argument and true (if you lie then you might lose custody and going to jail; so don't try to play smart just tell the true and let the court decide).
2007-06-18 20:59:54 · answer #3 · answered by ? 7 · 0⤊ 0⤋
You may have carried the child and made all sorts of "decisions" of what you want to do and think is right but the bottom line is that they father has rights as well.
Yes he can take you to court and petition for visitation. Yes, you can demand child support, but no you cannot deny him court ordered visitation if he does not pay. Child support and child visitation are two different things.
I'm sorry - but a child has TWO parents and any pre-emptory decisions you have made have to take in the consideration that you are not the only party in this situation.
2007-06-18 22:16:34 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋
All of these things are dependent upon so many variables, that it would be impossible to ansewr clearly. A father wanting aprtial custody, or visitation would normally be expected to pay some child support and this is worked out by a formula that differs from state to state, but is usually based on his ability to pay. There are no automatic enforcements.
2007-06-18 20:54:14 · answer #5 · answered by fangtaiyang 7 · 0⤊ 0⤋
The court can decide that the father is not fit to see his child but the court can decide that the father has the right to see his child. As far as the responsibilities go, the court will decide what they are.
2007-06-18 20:46:58 · answer #6 · answered by Bob 6 · 0⤊ 0⤋
How dare anybody deny any child having a father even if it is occasionally. It is simply part of life. Next time try contraception if you don't want the hassle. You don't have to get along with the father but the child deserves their dad....especially if the father actually WANTS to be part of his/her life.
A father has as much right to be part of the child's life as the mother. Full stop!
2007-06-18 21:04:42 · answer #7 · answered by dazmac1 2 · 0⤊ 0⤋
Why would any Mother not want their child or children to have their Father in their lives? What do you consider to be unfit? If the judge rules in his favor then you must abide by there rules.
2007-06-18 20:53:04 · answer #8 · answered by shorty 6 · 0⤊ 0⤋
I think the primary question should be, "Is the father listed on the Birth Certificate?" If he is, then he has rights. If not, he might not be able to obtain any rights.
2007-06-18 20:55:30 · answer #9 · answered by consumed_venus 1 · 0⤊ 2⤋
If you can prove drug use or violence then you will clean his clock. Remind him that he will end up having to pay
2007-06-18 20:47:46 · answer #10 · answered by trichbopper 4 · 0⤊ 0⤋