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If my daughters father pays childsupport does he have legal right for visitation?

I have heard that if a father pays child support than he has a legal right for visitation. I am in VA. We were never married he is on her birth-certificate. He goes days without calling her. I have physical custody of her and no visitation has ever been set. So I don't know if I should file for support if he pays then gets to see her. He has been verbally abusive and goes back to smoking crack every few years. She has not bonded with him, he missed her first birthday because he was to busy chasing crack. I don't feel this is a good environment and who knows if who he hangs around with.

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devus75

Asked by devus75 at 4:03 PM on Dec. 25, 2010 in Relationships

Level 2 (5 Credits)
Answers (16)
  • He should definantly have to pay child support. As far as visitation goes, that's all in the custody battle. If he wants to see his child he will file with the courts, but its up to the judge on how that pans out. If you have proof that he's unfit then it shouldn't be a problem. He could rule suppervised visitation, so be prepared. Good luck!
    amber1330

    Answer by amber1330 at 4:09 PM on Dec. 25, 2010

  • No it doesnt have to be that way because you can voluntarily terminate your own parental rights but that doesnt mean you get out of paying child support . No such luck so the exact reverse is true too, but if for any reason he gets some idea in his head he wants to see her even though she may want nothing to do with him watch out. The court at least where I live can be strange. Strange Strange.
    NE1outthere

    Answer by NE1outthere at 4:09 PM on Dec. 25, 2010

  • I am not sure, but I believe that if they are paying child support they can request visitation. But, that doesn't mean he can come and get her whenever and for how ever long he wants. You can put stipulations on it, if you feel your dd wouldn't be safe, then request supervised only if he requests it.
    jwaren

    Answer by jwaren at 4:09 PM on Dec. 25, 2010

  • Actually he has legal right for visitation even if he doesnt pay support. With that being said, get an attorney and take it to a judge so you can legally make it that he cant have any visitation with child,
    beyondhopes

    Answer by beyondhopes at 4:10 PM on Dec. 25, 2010

  • I think as long as he pays, yes he has a right to see her. My DIL took her boyfriend's last name and parental rights away fr him, also on crack. It's a bad habit hard to kick, the onlly time he wanted to see her was when he was in jail. It took sev court cases, but she FINALLY got rid of the SOB. The family boo hoo'd they were suffering too, oh well the Judge said tell it to your son, they can't see her either, plus the Gr-Dad does crack.
    MyAngel003

    Answer by MyAngel003 at 4:16 PM on Dec. 25, 2010

  • You have the ultimate say, whether he pays the child support or not.

    sexyfancyface

    Answer by sexyfancyface at 4:16 PM on Dec. 25, 2010

  • It doesnt matter if he pays child support. You have the say in if he sees her or not and from what little you gave I wouldn't let him until he can clean up his act. If he wants visitation tell him to take you to court
    mommy_of_two388

    Answer by mommy_of_two388 at 4:24 PM on Dec. 25, 2010

  • He gets visitation rights regardless if he pays CS or not (I know messed up right?) At least that is how they play the game in Al....
    tracylyn245

    Answer by tracylyn245 at 4:37 PM on Dec. 25, 2010

  • Talk it over with your lawyer.
    _Tam_

    Answer by _Tam_ at 4:52 PM on Dec. 25, 2010

  • he has legal rights anyways even with out child support. they are two seperate issues. unfornately. but with situation you discribe.i would just let it be and not even file for child support because unless you have proof of the drug use and maybe also if you ahve someone to adopt your child you can go for involuntary termination of rights. i would contact a lawyer. good luck
    lambdarose

    Answer by lambdarose at 5:01 PM on Dec. 25, 2010

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