Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.
She needs to go through the court/OCSE to address child support, not keep you from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.
If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation. Talk to an attorney.
If you have not been adjudicated the father, you have the same parental rights I have. None. Even if you are giving money to mom out of kindness, sense of duty, etc., it is not "child...
Stewart Whaley's answer He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.
It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child would terminate his duty of child support because he would no longer be a parent.
Stewart Whaley's answer If paternity has been established (if not, it will be by the time you are paying child support) you can petition the court for visitation. You'll need to prove several factors, including: you are a fit parent, can care for and nurture the child, provide financial support, etc.
James E Hensley Jr's answer This can be done with a single-parent adoption. It sounds odd but what you do is adopt your own child. This gets rid of the father and his rights. If the father will sign all the documents, we can get this done a few weeks. Fees are between $3ooo and $5ooo depending on what is needed.
It will not get rid of any support he owes but OCSE will not try to enforce any support obligation once the case is finished.
James E Hensley Jr's answer It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.
If the child has lived in Arkansas for the last six months then Arkansas has jurisdiction over the case. Any case being filed regarding the child has to be in Arkansas even now. You are smart to get legal help. If you are not married to the father...
James E Hensley Jr's answer Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights because he has not seen or supported the child in several years. One more concern: he is the father. You had a child with him. By law, he and the child are entitled to have a relationship. If you...
Skye Martin's answer You need to petition for visitation and/or a shared custody arrangement. Paying child support doesn't give you visitation rights. I would suggest contacting an attorney to go over your options.
James E Hensley Jr's answer Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.
Brandon M Haubert's answer If you want to counterclaim for visitation, you should. If you net 430 and have 2 children you should pay 135 a week in child support. Do you have any other child support you are paying? If so, that may lower it.
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