QUESTION
If a biological father had not been in the child’s life for 13 years is he entitled to see that child?
Asked on Apr 05th, 2014 on Child Custody - Idaho
More details to this question:
I was raped 13 years ago and never reported it and have tried keeping her safe from harm. I am in the guard and I'm also married with two more children and she doesn't know him as well. She’s mentally delayed and wouldn't want to cause her any setbacks, is there any way to keep her with me?
3 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You don't say if he has filed anything to try to see the child. It is likely that if he was the rapist, the court would keep him from seeing her after all these years or at least limit her contact to supervised visitation.
Answered on Apr 07th, 2014 at 1:49 PM
Business Attorney serving Warwick, RI
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Arthur D. Parise Attorney at Law
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Under the set of circumstances you describe you certainly could argue that it is in the best interest of this child not to see the biological father. If there is no motion filed by father for visitation there is no issue. If he has filed that motion than your lawyer will know how to deal with it. Your lawyer would also file a motion for child support which might dissuade father from pursuing this.
Answered on Apr 07th, 2014 at 12:06 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Is dad asking to get her? Or are you just running scared? Have you been in contact with the father? Given the circumstances as you relay them, probably not. However, if he comes in and says it was consensual and you prevented him from seeing his daughter, that is a different case. You need to talk with a local family law attorney to see what you can and need to do.
Answered on Apr 07th, 2014 at 11:22 AM