QUESTION
If a father is paying court ordered child support, can the mother still hold the child from him even if they haven't had a custody case yet?
Asked on Dec 17th, 2012 on Child Custody - Maryland
9 ANSWERS
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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You need to consult with an attorney. Just because you have had child support ordered, doesn't mean your legal rights to timesharing with your child has been established.
Answered on Dec 19th, 2012 at 3:07 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If there is no court order granting the father specific parenting time (i.e. visitation rights in some states), the mother is not legally obligated to do anything. Eventually, however, denial of access might be viewed as detrimental to the child and result in rulings adverse to the mother.
Answered on Dec 19th, 2012 at 3:06 PM
In a situation where the father is not married to the mother the father will need to file a paternity action or if the department of revenue has already had that order entered the father should file for time sharing and have the court establish those rights. Paying child support and time sharing have nothing to do with each other.
Answered on Dec 19th, 2012 at 5:21 AM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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The judge will expect the parties to obey whatever orders are in effect. I suggest you hire a lawyer.
Answered on Dec 19th, 2012 at 5:21 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Paying child support does not give you a right to child custody. File a motion for custody. However, tell the mediator that the mother is withholding the child - it doesn't look good. The public policy is frequent and ongoing contact after divorce or separation.
Answered on Dec 19th, 2012 at 5:20 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, but if you take the child from the mother, you run the risk of a police report being filed and raising a number of issues. Your best bet is to go to court and ask for the judge to enter a custody order. Then if she doesn't let you have your child as the order requires, you can ask the judge to hold her in contempt.
Answered on Dec 19th, 2012 at 5:20 AM
No, Support and possession are separate rights / obligations and is specifically addressed in the Family Code.
Answered on Dec 19th, 2012 at 5:19 AM
Domestic Violence Attorney serving Rockville, MD
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Belli, Weil & Grozbean, P.C.
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The payment of child support under Maryland Law is separate from the right of a parent to see their children.
Answered on Dec 19th, 2012 at 5:18 AM
Child Support is not related to parenting time. If Mother is not letting you spend time with your child, she is just being mean spirited. Get an attorney and get a parenting plan.
Answered on Dec 19th, 2012 at 5:18 AM