If I Go After My Sons Fatherfor Child Support, Is He Allowed Rights?
Question by brittany0208: If i go after my sons fatherfor child support, is he allowed rights?
He doesn’t and hasn’t wanted to play any part in his life, and still refuses to believe my son is his. he is not a fit parent by any means ( been to rehab twice and didn’t complete the programs, has abused many drugs, and has been to jail, and has not done anything to get better). he also has a daughter that he hasn’t seen in almost a year by a differrent mother. would i be able to get child support from him without him being able to see the baby? i live in oklahoma while he lives in arizona.
Best answer:
Answer by Kathi S
He has rights even if you don’t try and get support if he wants to go to court for them.
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6 Responses to If I Go After My Sons Fatherfor Child Support, Is He Allowed Rights?
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A father has rights whether he pays support or not.
The support pays TO SUPPORT THE KID.
It does not pay for TIME with the kid.
You can apply for a court order for child support. If the father does not want any part of the child’s life, that is his business. Except for paying child support.
His right to his child and your right to support are two separate issues. He cannot avoid payment, you cannot avoid some level of contact. If you had your son’s welfare at heart, you wouldn’t be trying to separate him from his father.
It’s always amazing how such perfect mothers seem to chose to have a child with such horrible fathers
Child support and custody/visitation are dealt with in 2 separate courts. Just because you go after child support does not mean he will want to be involved in the child’s life. However if he decides he does want to be involved (whether genuine or as revenge for being sued for child support) as the father he has legal rights, just as you do. He would have to bring his own separate petition to the courts asking for visitation/custody/partial custody. Unless you can prove he is a very real present danger to the child, he would be granted at the minimal visitation.
Although child support is independent of visitation….it does still go hand in hand. When you file for child support, he will likely ask for a DNA test to determine that he is the father. After that is established and child support is set up then he can exercise his right for visitation. Technically you also need to file for primary custody or he has just as much possession right to the child as you do.
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