rights of Dad

[whitedoveh]

What is the name of your state?Ohio
Ok, my ex girlfriend and I were never married. I started paying child support as soon as she filed. Never missed a payment. We were doing the shared parenting....she had him through the week and I got him from Friday to Monday. Then she decided I was only going to get him on Sat and Sun.

She concocted a big lie and thought I would fall for it. When I confronted her with it she ceased letting me see my son. Why are there not laws that I shouldn't have to got through all the expense of lawyers, etc to get to see my son. It has been 3 months and I will be going to the hearing next week. Isn't there some justice leaning in Dad's favor. She had nothing....except her own interests at heart in keeping him from me.

Will the magistrate, judge or lawyers even consider all of the above?

I have never been through anything like this and I don't know the laws.

Some answers, please

 

[djohnson]

Have you been found to be the legal father yet? Without you being married, paternity has to be established first or every pedophile in america would go to the police wanting visitation for 'his' child. The laws aren't for or against the father. They are for the child and the childs protection. The judge would almost surely grant you visitation and depending on circumstances possibly joint or (less likely) full custody. The mother withholding visitation does show badly on her. A judge in making a determination does usually look at who is most willing to facilitate a relationship with the other parent. Until it's court ordered though you have nothing. On the other hand, if you have been legally declared the father and there is no court order, then you have just as much right to the child as she does.

 

[tcpmp]

What whitedove said is absolutely correct you need to establish paternity first. If you have is there a custody order and do you still live in the same state? If there is a custody order what does it say about your visitation? If she is not following the court order as to visitation file contempt.

 

[abstract99]

Technically no justice is supposed to favor either sex. It is definitly not something that you could look up.

 

[Phnx02]

What is the name of your state?Ohio
Ok, my ex girlfriend and I were never married. I started paying child support as soon as she filed. Never missed a payment. We were doing the shared parenting....she had him through the week and I got him from Friday to Monday. Then she decided I was only going to get him on Sat and Sun.

She concocted a big lie and thought I would fall for it. When I confronted her with it she ceased letting me see my son. Why are there not laws that I shouldn't have to got through all the expense of lawyers, etc to get to see my son. It has been 3 months and I will be going to the hearing next week. Isn't there some justice leaning in Dad's favor. She had nothing....except her own interests at heart in keeping him from me.

Will the magistrate, judge or lawyers even consider all of the above?

I have never been through anything like this and I don't know the laws.

Some answers, please

But why did you not help support your son until only after she filed for it?

 

[VeronicaGia]

But why did you not help support your son until only after she filed for it?

Oh give me a break! We both know that anything given without a court order would have been considered a gift and he was under no legal obligation to help support the child until a judge said so.

To the poster, another excellent website: www.deltabravo.net

Let us know what happens in court. And please answer the questions about paternity and if you have a court order for visitation that she is not following.

 

[stealth2]

But why did you not help support your son until only after she filed for it?

He was under no obligation to do so until here was an order for it. Just as SHE is under no obligation to provide parenting time without an order.

 

[whitedoveh]

I have supported my son from day one. My name is on the birth certificate. There was never any rejection by me. And no there never was a court order on visitation. That's what confuses me....why does she have the right to keep him from me? My attempts to contact her are futile....and until I go to the hearing Thurs. nothing has been done since Feb. when I contacted the lawyer. It looks as though from day one when I contacted the lawyer, I should have been able to see my son. Like I said, she had nothing against me...it was just her stubborness.

 

[stealth2]

I have supported my son from day one. My name is on the birth certificate. There was never any rejection by me. And no there never was a court order on visitation. That's what confuses me....why does she have the right to keep him from me? My attempts to contact her are futile....and until I go to the hearing Thurs. nothing has been done since Feb. when I contacted the lawyer. It looks as though from day one when I contacted the lawyer, I should have been able to see my son. Like I said, she had nothing against me...it was just her stubborness.

Nope. Not without an order. Not legally.

 

[abstract99]

Well her stubborness will come out in court. She is not legally bound to do it but obviously she doesn't care one iota abot you having a relationship with your child since she has made no efforts thus far. By the way.... was it you that filed for custody or her?

 

[Phnx02]

Oh give me a break! We both know that anything given without a court order would have been considered a gift and he was under no legal obligation to help support the child until a judge said so.

To the poster, another excellent website: www.deltabravo.net

Let us know what happens in court. And please answer the questions about paternity and if you have a court order for visitation that she is not following.

Wake up! A parent may not be legally obligated to pay child support until court ordered, but absolutely has a moral duty to feed & clothe their child(ren) from time of birth. This is the responsibility of BOTH parents.....not just one parent until a judge makes the other do it too.

And you're wrong about any money paid before an order as being considered a gift. If the parent has receipts or cancelled checks, it can very well be credited as child support already paid.

 

[whitedoveh]

I filed since she said that's the only way I would ever see my son again. And there was a court order to pay child support about 6 months ago, because she said that was the only way she could get a medcard for my son. I have never missed a payment. And I have fulfilled my moral duty, along with regular visitations until Jan when she tried shortening my visitations with her lies and I confronted her about it.

 

[stealth2]

Wake up! A parent may not be legally obligated to pay child support until court ordered, but absolutely has a moral duty to feed & clothe their child(ren) from time of birth. This is the responsibility of BOTH parents.....not just one parent until a judge makes the other do it too.

And you're wrong about any money paid before an order as being considered a gift. If the parent has receipts or cancelled checks, it can very well be credited as child support already paid.

And moral duties have little to do with the legalities.

 

[LdiJ]

I filed since she said that's the only way I would ever see my son again. And there was a court order to pay child support about 6 months ago, because she said that was the only way she could get a medcard for my son. I have never missed a payment. And I have fulfilled my moral duty, along with regular visitations until Jan when she tried shortening my visitations with her lies and I confronted her about it.

She is correct that she is unable to get any kind of state aid, including medical insurance, without officially filing for child support. An official child support order is also in YOUR best interest as well. Then there is no room for "he said/she said".

You will recieve court orders for visitation, however don't count on getting what you had in the past. Generally the courts recognize that both parents are entitled to some weekend time with the child. There is almost no chance that the courts will give all of the weekends to you. There is a chance you could get three a month, but not all of them.

 

[haiku]

Wake up! A parent may not be legally obligated to pay child support until court ordered, but absolutely has a moral duty to feed & clothe their child(ren) from time of birth. This is the responsibility of BOTH parents.....not just one parent until a judge makes the other do it too.

And you're wrong about any money paid before an order as being considered a gift. If the parent has receipts or cancelled checks, it can very well be credited as child support already paid.

conversely, a parent also has a moral duty to let the other parent be a parent and have unfettered visitation without a court order, too, right?