QUESTION
What rights do I have here and can anything be done about this after his father walked out of the picture after I refused an abortion and now is back?
Asked on Feb 04th, 2014 on Child Custody - Ohio
More details to this question:
My son will be 7 this April. I tried several times during the pregnancy, after his birth, and for the first 3 years of my son's life to contact this man. This past October, he finally appeared after being called into court for child support. I was hesitant to let this man just walk into my son's life as a stranger. However, his hefty amount of income allowed him to pretty much have whatever he wanted with no objections. The judge was very much in his favor. I understand fathers have their rights, but to just throw my child into this, it doesn't seem fair. He now gets him every other weekend of course; all holidays are split down the middle. The man who has helped me raise him from a baby is now pushed aside. My son's behavior is changing drastically. He acts as if he is being drilled with questions from his father; coming home not wanting to speak about anything. His teacher has even been concerned in the past weeks. I have scheduled him to start seeing a child psychologist at the end of this month, maybe it will be a proper outlet. I'm so lost.
6 ANSWERS
Automobile Accidents Attorney serving Chatsworth, CA
at
Family Law Support, ALC
Update Your Profile
Hate to answer a question with a question but did you make a claim for child support? Because this is what opened the door to all that has happened. Each parent does have rights and if he is the biological father and being made to pay child support to you it is reasonable for him to expect and get some visitation. The courts are always mainly concerned with the welfare of the child. Maybe a court date is in order where the Judge questions your son and his father about whats going on in the home every other weekend? Consult and attorney.
Answered on Feb 12th, 2014 at 4:46 AM
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
An experienced attorney would have to review the documents filed and the orders made. The problem here stems from the fact that you or the government filed a petition or complaint alleging her was the father to get support. This potential father may have not had any paternity rights before then. The man that helped raised the child may have had some claim to legal paternity. The case would have to be evaluated about whether a modification of the visitation order is appropriate.
Answered on Feb 11th, 2014 at 4:23 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
Update Your Profile
You should have asked the court for a graduated parenting plan so the child could get to know his father at a pace he could handle. You also should have asked the court for a guardian ad litem. Obviously this didn't happen. You also don't say what you did legally to get support from the father after the child was born. Trying to contact him wasn't what's relevant. Taking legal action is. If the child psychologist indicates the child has issues with regard to the father, you can make a motion to the court to address the problem. If the man who helped you raise him had taken legal action to adopt him before the father reappeared, he probably could have done so. Now that the bio father is in the picture, it's too late. He has no rights. You can not just make private arrangements for children. You always have to involve the court in these situations. Get a lawyer.
Answered on Feb 11th, 2014 at 3:49 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
You should talk with your attorney about this. If you don't have an attorney, you should consult with one locally. But frankly, the father is not getting too much. You might have been able to argue for a break-in time so they could get used to each other, but that is now past. Make sure the bio-dad pays his share of the counseling fees.
Answered on Feb 11th, 2014 at 3:42 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
at
Cox Sandoval Law, PLLC
Update Your Profile
I think you should consider a consult. There are certain interventions that should have been put into place before jumping to weekend visits with a stranger. Your son's needs should be considered. If orders were just recently entered though there may be limits on what you can do to modify.
Answered on Feb 10th, 2014 at 11:48 AM
DUI Attorney serving Grove City, OH
at
Law Office of John G. Galasso
Update Your Profile
If you had a guardian appointed for the child during the court proceedings, you need to contact them and make them aware of what is going on with the child.
Answered on Feb 10th, 2014 at 11:41 AM