preventing visitation

[Rbowman6]

I have a 2 year old son, his father has not seen him or paid child support on him. The state is going after him for child support because he is recieving medicaid. He has been avoiding them for a yr and I got an order to have a DNA test done. He was in jail the first year of his life for 2 child endangerment charges and 3 assult charges, he also was on meth, which as far as I know he has stopped using but he is an alcoholic and is still legally married and has 2 other children by 2 other women.

Im hoping he never attemps visitation and if he does he does not get it but until then I want to make sure me and my son are protected legally, now that he will be on the birth certificate what steps should take to make sure he can not take my son. unless it is court ordered.

 

[Gail_in_Georgia]

Listen; you can't have it both ways; if he has been determined to be the father and has been ordered/paying child support he has rights as father unless a court determines otherwise.

The time to worry about protecting a child was before you made the decision to have intercourse with this man.

Gail

 

[wolfetundra]

I'm not sure about the laws in your state, or if this is federal statute, but in California I believe (don't quote me) if you avoid paying court-ordered childsupport you lose the right to see your child. I think there's some legalities involved there such as loss of job, diability, all those lovely loop holes. If you are very concerned about preventing him from seeing your child, you can always get a temporary restraining order in place while you take the legal actions to have the courts declare him an unfit parent and a danger to the child. Based on what you've said, that shouldn't be hard to do (drugs, abuse, etc). I hope that helped.

No offense to you, Gail, but we all make mistakes (laying with the wrong person) and things do happen (condom breaks, pills don't work, forced intercourse, intoxication). Point being, the damage is done. What can she do about it now? Doesn't matter what she COULD have done to avoid the situation all together. And the time to worry about protecting a child is ALWAYS. Every parent (granted, most don't) should concern about protecting their child every moment they are breathing. Then again, that's just my opinion [father of 2].

 

[Duranie]

"I'm not sure about the laws in your state, or if this is federal statute, but in California I believe (don't quote me) if you avoid paying court-ordered childsupport you lose the right to see your child. "

NOT TRUE. Child support and visitation are totally seperate. Since tax payers have supported the child, you lose the right to keep the father anonymous. Once he is declared the father he can ask to see the child. You can argue for supervised visits but you have to prove he is a threat and danger to the child. When you have a child with an idiot then go on government assistance. this is bound to happen. He does have the right to petition for visitation with the child. Was he convicted of the child endangerment? If he has a conviction like that you probably have a good case for supervised visits. Also neiteher you or the state though are unlikely to get any moey from him unless he keeps a job.