QUESTION
What rights does my husband have in seeing our children if he did not help with child support?
Asked on Dec 14th, 2012 on Child Custody - California
More details to this question:
My husband left me one year and half ago for another woman. He stopped helping me with the children. What rights does he have to see them? One is 10 years old, the other 12 and the oldest is 14.
10 ANSWERS
3 Awards
Unless one or both of you went to court and got a custody order which states who has custody at what times, he has no custody rights, nor do you for that matter. You can tell him he has no right to see the kids unless he get s an order from the judge. Now naturally, to keep the peace, you should try to work this out with him. But explain, unless he plays nice, this can get expensive.
Answered on Mar 19th, 2017 at 5:52 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900
The right to exercise parenting time is separate from the obligation to pay child support. If either party files an action for divorce or legal separation, the court will enter child support orders based on the statutory guidelines, and parenting time orders based on the children's best interests. I recommend you consult with an attorney to discuss your options.
Answered on Dec 19th, 2012 at 1:06 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Is there a custody or parenting time order? Seek to establish one in court with an attorney who will represent your interests.
Answered on Dec 18th, 2012 at 8:41 PM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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Generally, children are better off emotionally if they see both of their parents regularly. Refusal to let the children see their father just because he is not supporting them is not in their best interest. If you were to go to the courts for a resolution to this issue, you would likely be ordered to facilitate visitation, and he would likely be ordered to pay child support (assuming you are still the primary custodial parent). I would advise you to see an attorney and go over the specifics of your case to determine your best course of action.
Answered on Dec 18th, 2012 at 8:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Her husband continues to have his parental rights. You did not specify whether or not you have filed a court case or there are any order is in effect. I would suggest that you do, after year and a half most probably he is not coming back and, if you file for divorce, parenting time and custody, as well as support, will become the subject of the orders of the court and therefore enforceable.
Answered on Dec 18th, 2012 at 7:11 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you are not divorced and there has never been any court order assigning parenting rights and responsibilities he has the exact same unidentified rights that he has always had - nonpayment of child support (especially if there is no court order for support) has no relevance to his other rights.
Answered on Dec 18th, 2012 at 7:05 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, if there is no parenting plan, he has the same rights to the children as you until a court order (parenting plan) says otherwise.
Answered on Dec 17th, 2012 at 5:50 PM
Child support and parenting time are two separate issues. You cannot keep the children from the father just because he is not paying support. What you need to think about is what is in the best interests of the children. The answer to that usually is having both parents in their lives. Perhaps with some time with the children, father will see th error of his ways and pay support. In the meantime, open a case with Child Support Services and let them get some child support for you.
Answered on Dec 17th, 2012 at 5:50 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He has the same rights that you do. If you want to limit those rights, you must go to court and ask for them to be limited. Also, you should ask for child support to be paid. With a court order to pay child support, if he does not pay, then he can be held in contempt. However, understand, that unless he does not want them or you can show a danger to the children, he may be entitled to 50% custody. But nothing will be done until you go to court.
Answered on Dec 17th, 2012 at 5:49 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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His rights to see the children have nothing to do with his obligation to support them. File for a hearing to get child custody and visitation set by the court.
Answered on Dec 17th, 2012 at 5:49 PM