QUESTION

Should I allow visitation for a father that has not been around for 6 years?

Asked on Jun 18th, 2014 on Child Custody - New York
More details to this question:
My son's biological father is not on the birth certificate. He was ordered to pay child support which he pays here and there. He has not seen my son since he was 6 months old when he walked away. Now he wants to be in his life. Does he have any right to him? What can I do to keep my son from being hurt and confused? I'm so confused on what to do.
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8 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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This man's level of absence in the child's life is so great (and so deplorable) as to make him a very good candidate for termination of parental rights. In a nutshell, a parent who has abandoned, abused, and/or neglected a child sufficiently as to be unfit as a parent can have his/her parental rights terminated by a court if the other parent files a petition to terminate parental rights with the court and obtains an order terminating those parental rights. The father this child does not inherently have rights of visitation simply because he is the biological father. He cannot demand that you allow him to see "his" when for the previous six years he's had virtually nothing to do with the child. However, bear in mind that the police cannot prevent him from asking the child, and if he were to see your son just walking down the street and picked them up and drove him home to his house, the father can do this because until his parental rights are modified or terminated by a court, you are not the only parent to have exclusive custodial rights. This is why you want to file a petition to terminate his parental rights immediately, and get a temporary order from the court awarding you sole physical and legal custody of the child during the pendency of the proceedings. Do you see why it's such a good idea to get an attorney in these situations? Don't be penny wise and pound foolish; consult with and use the services of a good family law attorney in petitioning to terminate parental rights.
Answered on Jun 30th, 2014 at 8:47 AM

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Family Law Attorney serving Indianapolis, IN at Arany & Associates
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You are certainly justified in taking steps to protect your son! A judge would understand that, should the matter have to come before a judge. However, despite what Dad has done, I believe that, if Dad were to be persuasive, a court would allow him to be gradually reintroduced into his son's life. After all, how many adults who have been left behind by their parents, perhaps through adoption, try all their lives to find their biological parents? I suggest you see either a professional (such as an MSW) or talk with someone who you think is mature, and has seen a lot of life, and get ideas about what sorts of information you would want from Dad now, before you let him back into your son's life, and that, meanwhile, you encourage Dad that you are willing to allow that to happen, "provided."
Answered on Jun 25th, 2014 at 9:30 PM

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Real Estate Attorney serving Gainesville, FL
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Based on your inquiry, it appears that you were never married to the father of your son. In that case, unless the father files a paternity action, he has no rights to time-sharing (visitation) and has no decision-making authority over your son. In other words, if you were never married to the father of your child and no paternity action was commenced, you have all the time-sharing and the father has no rights to the child apart from his legal obligation to financially support his son.
Answered on Jun 25th, 2014 at 9:28 PM

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Your child's father is entitled to have a relationship provided it is in your son's best interest. If your son doesn't know him, you may want to engage the assistance of a professional who has experience in re-establishing relationships. You can start with questioning your son about a possible meet up in a neutral place. You would be there and he would feel protected. Under no circumstances am I suggesting that your son's father should be able to pick up your son and take him away from you for visitation. If the father goes to court he would likely get visitation. It is up to you to make sure your son is protected.
Answered on Jun 25th, 2014 at 5:03 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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If he is paying support pursuant to an order, there probably was a parentage action. If he did not apply for custodial rights via a court order, he will have to go to court to get visitation. However, efforts by you to keep the child away from him prior to the father getting a visitation order, could be used against you in court. You have to balance the risk of harm introducing your child to an estranged father versus denying a father child relationship.
Answered on Jun 25th, 2014 at 4:56 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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See an attorney, generally if he has been adjudged the father and is making support payments he will be accorded some rights, how much and with what restrictions is the question. That will depend on the actual circumstances which you have provided little information regarding.
Answered on Jun 25th, 2014 at 4:53 PM

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Bruce Provda
Yes he has a parental right. If you have good reason you can petition the court to deny visitation.
Answered on Jun 25th, 2014 at 4:52 PM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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Look at your current order. If it does not spell out visitation, you have the right to refuse. If you don't believe it to be in your son's best interests, you can suggest a visitation step up plan (start with an hour or two and build up to more normalized parenting time). Your best bet is to talk with an attorney experienced in family law.
Answered on Jun 25th, 2014 at 4:52 PM

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