QUESTION
If i file for child support against the non custodial parent, does he have rights to see his child?
Asked on Jul 07th, 2020 on Child Support - California
More details to this question:
Currently in a situation where a child is about to be born. I don’t want the father to be around the baby because he was an abusive person to me and has wished the baby dead many times. I never filed a restraining order because I was scared of him and he’s threatened to harm me but during the last 3 months of this pregnancy he has left me alone so far with no contact. If I request for child support, does that give him rights to see the baby? Am I still able to file a restraining order or domestic violence restraining order if so much time has passed but I have proof of the threats and him hitting me?
1 ANSWER
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Jeanne W. Murray, Attorney at Borton Petrini
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A child support order does not automatically grant the father parenting time with the child. The court would have to make an order on child custody/visitation, which is separate from child support. And yes, you can still apply for a domestic violence restraining order. You will need to describe both the most recent abuse and the history of abuse. Submit the proof you have with your application.
Answered on Jul 21st, 2020 at 11:56 AM