QUESTION
Should my husband pay child support and what are his rights?
Asked on Apr 10th, 2014 on Child Custody - Kentucky
More details to this question:
What can my husband do? His ex filed for child support. He was never legally married to her and hasn't had any type of contact with her or the kids for more than 2 and half years until recently he saw her like 4 times. But now the grandma where the little girl is staying with filed for child support. Does my husband have any rights with the little girl because it's been over 2 years that he had no contact with her? What can he do? Thank you.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can ask to reestablish the relationship. I doubt the court will terminate his rights. He really needs to consult with a local family law attorney to see what the possibilities are.
Answered on Apr 15th, 2014 at 9:52 PM
2 Awards
Your husband, as a parent, has a legal obligation to financially support his children. If he was never married to the mother, he has no rights to time-sharing (visitation) or decision-making unless he initiates a paternity action. However, you should be aware that the right to visitation and the obligation to pay child support are not one and the same.
Answered on Apr 15th, 2014 at 9:52 PM
Amusement Park Liability Attorney serving Richmond, KY
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Morrin Law Office
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He may request a DNA test but if the child is his then he will be required to pay child support whether or not he chooses to see the child. In Kentucky, every biological parent is required to financially support his/her biological child. There may be a question as to how much should he pay but you will need to retain an attorney near you if you want to make certain he isn't ordered to pay too much each month. I hope this has helped and I wish you all the best.
Answered on Apr 15th, 2014 at 9:52 PM
If no legal relationship has been established then the child support action is probably an action to determine paternity as well. Once paternity is established the court can make decisions regarding what type of parenting time he will have etc. It would be in his best interests to retain an experienced family law attorney to assist him with establishing parenting time and custody of this child.
Answered on Apr 15th, 2014 at 9:52 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your question sounds simple but is really the exposition of a very complicated situation. If your husband is not seen his child for over two years and has not been supporting her it is possible that he could have his parental rights terminated. As the father of the child he is liable for support, whether or not he sees his daughter and whether or not his parental rights are terminated. Rights and obligations are separate and distinct. I would suggest that you confer with an attorney with all of the details and a plan of action of what you and he would like to do regarding his child.
Answered on Apr 15th, 2014 at 9:52 PM