QUESTION
What rights does a father who pays child support have on his son?
Asked on Mar 08th, 2013 on Child Custody - Illinois
More details to this question:
My son's mother always keeps him from me. She tells me I have no rights on my son and have no say if I wanted see him. I searched online and the answers are so vague. I don't know what to do.
11 ANSWERS
John Arthur Smitten
If not married to her then you have no rights until such time as you go to court to enforce your rights.
Answered on Mar 11th, 2013 at 8:32 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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It would be advisable to file with the Court to request a visitation schedule. If there is one in place now that she is not following, you can go to court to compel the mother to cooperate with the visits or be held in contempt of court.
Answered on Mar 11th, 2013 at 8:22 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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If you are in Florida, you have equal rights with the mother. However, those rights must be established by a Judge through filing a legal action in court.
Answered on Mar 11th, 2013 at 8:14 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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Thank you for the important question. You need to hire an experienced family law attorney like me. Generally, a noncustodial parent has the right to liberal and frequent visitation with his children. There is a remedy if the other parent withholds visitation. That remedy is to file a petition with the court to establish visitation. Generally, a noncustodial parent will be awarded overnight visitation every other weekend, and weekday visitation one evening per week with the child or children. The type in the amount of visitation may vary depending upon the particular circumstances of each case.
Answered on Mar 11th, 2013 at 7:54 PM
If you do not have a court order covering custody and visitation, you should seek one. Once you have a court order, you can enforce its terms. Custody and visitation are not expressly tied to support, but all three can be covered in a court order. Even if you agree on all terms, it is better to have an agreed order approved by the Court than merely to agree out of court. As to why, well, things change, but one party can not simply change an order of the court on hisor her own.
Answered on Mar 08th, 2013 at 8:01 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Having a court order to pay child support does not give you any visitation rights. You need to file for a custody and visitation hearing to get the court to order that you have some time with your son. In CA the court's preference is shared custody with both parents spending time with their children. Equal time share is common. The longer you allow her to restrict your time, the more you establish the norm and the court's like to maintain continuity, so hurry up and file. If you need help, get an attorney. If you were not married, you may have to file a paternity action to get custody. If support is paid through DCSS, you may or may not be able to file through that case, depending on the county.
Answered on Mar 08th, 2013 at 2:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, unless you have a domestic violence claim against you or you are a drug user, you have rights to see your child. Talk with your attorney about what rights you have. If you did not use an attorney, you now see why it is important to have one.
Answered on Mar 08th, 2013 at 2:51 PM
2 Awards
Get a lawyer to file for a parenting plan and custody order.
Answered on Mar 08th, 2013 at 2:50 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The simple answer is that until a court rules that you are the child's father and establishes specific parenting rights, for all practical purposes the only "rights" you have are what the mother chooses to give you. Paying child support, whether voluntarily or by court order, doesn't mean anything with regard to your "rights" to be involved in parenting. You need to consult a lawyer about initiating legal proceedings to establish parenting rights and responsibilities.
Answered on Mar 08th, 2013 at 2:49 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You should petition the court for joint custody and shared responsibility. You should also petition for a set visitation schedule.
Answered on Mar 08th, 2013 at 2:48 PM
One does not have to do with the other, which is probably why the answers are vague. One cannot without visitation from the noncustodial parent simply because he or she is not paying child support. If you are having problems with your parenting time and you have a visitation schedule in place, we will file a motion to enforce this agreement. If there has never been an order, we can file a petition for visitation.
Answered on Mar 08th, 2013 at 1:18 PM