Visitation/Child Support

[sweets2396]

This is the situation. My boyfriend and his daughter's mother have not been together for about 5 years now. They have both agreed not to bring their daughter, who is now 8, around their "significant other" until they find someone who they are serious about that person. So 5 years passed and he met me. Now his daughter's mother is going crazy and refusing to let him see his daughter and taking him to child support. He has always paid child support directly to her and he always had the right to see his daughter. The agreement was every other weekend he would have. Most of the time, when it was convinient to her, he had her every weekend. However, now she's refusing to let him spend any time with her. My questions are:

1) Can she refuse to let him see her? I know you have to file a visition petition but does he have to go through all that hassle just to see his daughter?

2) If he files a petition for visitation, do you think that the court will order towards the mother and not let him see his daughter? (FYI: He's on probation)

3) Will the court enforce an order of backed child support for the 8 years that he has been giving her money when he doesnt have proof of it?

I have been through the family court with my son's father and I know how unfair they can sometimes be. Please help me!!!!

 

[Duranie]

It sounds to me there is no court order for child support or visitation. Bad idea. Since they were not married and nothing is legalized, technically she does not have to allow visitation. She has a right to file for CS, he has a right to visitation. He should see an attorney or at least file for supervision with the courts. Most attorneys will give a free or low cost consultation.

 

[Duranie]

And yes he could easily be ordered to pay back support. Your boyfriend needs an attorney.

 

[sweets2396]

That is so unfair but he does have a right to see her as long as he files a petition for visitation? Do you think that the court will say that he can not see her? I had a horrible experience with my son's father and they sided with him eventhough he owed alot of money so I'm kind of hoping that they will let him at least see her because he does contribute financially to his daughter.

 

[Duranie]

If he gets an order of visitation, the mother must comply or she is in contempt.

Child support and visitation are 2 seperate issues. A father has rights regardless if he pays it or not. If you withheld visitation because of CS issues, then you were in the wrong to do that and that is why the courts sided with him.

Fathers have rights to vistation unless the courts say otherwise.

 

[sweets2396]

My case with my son's father was totally different. He didn't pay and he saw our son regardless but my problem with him was that he chose to come and go into my son's life and my son was hurting and I tried to bring that up in court and the judge wouldnt do anything about it. Also, my son's father used to do illegal activities in front of my son and he still had the right to see my son. I would have never done that to my son. I guess that is why I'm in shock to see someone do that to their child. It's horrible the way she is using her daughter to hurt him.