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I was wondering if i take out child support on my sons father will he have any rights to him? As of right now he dont have any rights.

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jellybeansmama

Asked by jellybeansmama at 12:30 AM on Jul. 21, 2010 in General Parenting

Level 5 (78 Credits)
Answers (14)
  • collecting child support does not change a custody order. its probably aa part of your custody order
    cassie_m

    Answer by cassie_m at 12:31 AM on Jul. 21, 2010

  • you have a custody agreement that grants him no rights? or he is not on the birth certificate? there's a big difference
    lovinangels

    Answer by lovinangels at 12:32 AM on Jul. 21, 2010

  • It would be depending on the custody order. However, if he pays child support he can definitely ask the judge for visitation. He has rights to him (unless they've been taken away) just because he's the father.
    ShaunnaMichelle

    Answer by ShaunnaMichelle at 12:32 AM on Jul. 21, 2010

  • He is not on the birth certificate
    jellybeansmama

    Comment by jellybeansmama (original poster) at 12:33 AM on Jul. 21, 2010

  • Asking for child support definitely will give the father an opening to fight for rights.

    Don't be fooled into thinking he doesn't have any rights and/or he can't easily get them with or without you filing for child support. Even if he isn't listed on the birth certificate, all he has to do is prove he is the biological father (which he can petition and you will be legally obligated to comply) and he's exactly that in the eyes of the law.
    AllAboutKeeley

    Answer by AllAboutKeeley at 12:34 AM on Jul. 21, 2010

  • if he's not on the BC and you are filing for child support you have to first have a custody order settled.. which means petitioning the court for custody first. Yes, he can then ask for rights of visitation, etc.
    xxhazeldovexx

    Answer by xxhazeldovexx at 12:35 AM on Jul. 21, 2010

  • Even not paying child support, he can attempt to gain custody/visitation rights of there is not an order. It would just take him proving paternity which will be done in the child support case anyhow.
    Erin814

    Answer by Erin814 at 12:35 AM on Jul. 21, 2010

  • Why doesn't he have any rights? He should have rights unless a judge/magistrate relinquished or terminated his parental rights.Unfortunately, whether or not he pays child support he has the right to see his child. Deadbeats can still have visitation although they don't pay child support...if you go to court to file a motion for contempt on a absent parent for not paying child support then at that time they judge may order jail time or whatever....other wise they can come to court and prove that they can't work or something that is why they don't pay their child support..so lame. You can also impute that they work minimum wage, but it depends on the judge or magistrate.
    geminisummerz

    Answer by geminisummerz at 12:36 AM on Jul. 21, 2010

  • He has a right to persue a relationship with his child even if you DONT get child support.
    sati769leigh

    Answer by sati769leigh at 12:36 AM on Jul. 21, 2010

  • well then, the short answer is yes. As of right now he has no rights because he has no responsibility. You give him responsibility, the rights go with it.
    lovinangels

    Answer by lovinangels at 12:39 AM on Jul. 21, 2010

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