Saraland, AL asked in Family Law, Child Custody and Child Support for Alabama

Q: If the father is paying child support can the child's mother keep the dad from seeing child?

Woman used man to get pregnant. Petitioned him to pay child support. Wages are garnished. Father has never met child. Can mother keep father from seeing child?

1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Divorce Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Father needs to file a petition for custody and visitation. When DHR files a child support case it is for child support and child support only. Custody and visitation are different subjects and unless the father raised them in a pleading, which apparently he did not, then he leaves the courthouse as this father apparently did, with a wage garnishment for child support and nothing else. This tale underscores the importance of hiring an attorney when served with paternity papers seeking child support. If you go alone you are not going to end up with any ruling on custody or visitation and you are likely going to get railroaded on your child support obligation. You wouldn't walk into a hospital and do surgery on yourself don't walk into a courtroom without a lawyer.

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