Q: Can a father take a mother to court for visitation rights. When the father is backup on child support,
The father don’t volunteer to do nothing for child skips months without paying child support. Backup on child support. Had baby out of wedlock. Never been married, and father mad cause I said child couldn’t go on a family vacation so he want to take me to court, but haven’t did anything.
A: He has the right to file for legitimation and parenting time.
A:
Although it's frustrating to not receive regular, dependable financial support for your child, the courts do not condition visitation upon payment of child support. This means that a parent can regularly fail to help support his/her child, yet still be entitled to spend time with that child. This is because courts often find that it is in a child's best interest to spend time and develop a relationship with each of his/her parents.
So, to be clear: yes, a father can take a mother to court for visitation rights. I just want to add that because you were never married, he would need to be legitimated by the court at either the same time that he gets his visitation rights or before.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
