Parental seperation when a child is involved

Question

For a close friend: In the state of Texas if an unmarried couple has a 6 month old son and the mother decides to leave with her belongings and son because the father is verbally abusive to both (and possibly physically abusive/neglectful to the child...this is just an assumption)....what rights does a father with no car or job have to that child? Does she have to give him visitation if they do not go to court? If they do go to court...what are her chances of maintaining custody and getting child support? What are his chances of getting visitation? He has no job...how does that affect child support payments? Also...there is a chance (if he misses a parol meeting on Thursday) that he will end up in jail...how does that affect child support? Thank you so much for any answers!

Answer 1

Child support is separate from visitation, so even if he's not paying support he can still be granted visitation.  Because he's not working and because he's on probation, it's not likely he'll be granted any kind of custody.  As far as child support goes, a formal order can be filed, but if he's not working, there's simply no money.  If he defaults a certain amount she can go to court and seek a warrant for his arrest.  If she is intent on leaving him and not having him it their life whatsoever, she would be wise to just move on and stay out of the court system.  If she doesn't file for child support, he will likely not file for visitation.  She should make sure she has full legal custody of the baby and write a will.  Sometimes it's better just to get these people out of your life and save yourself the grief of going in and out of court.

Answer 2

I'd suggest she go and speak with the juvenile court systems.

I'm in Va... Child support and visitations are two separate things.  Now, if they don't go to court, she doesn't 'have' to let him visit the baby.  

If they do go to court, it would take a lot to get custody taken away from the mother.  Most likely, the courts would try to get the parents to agree to joint custody and a visitation agreement.  Since the baby is only 6 months, the visitation would probably start slowly, with visits in the mom's house with dad first and then gradually increase to visits with dad in his own house.

Here, child support is based on a calculation that includes what he makes at his job.  Since he's not working, it will depend on the judge himself.  I have heard of some judges telling the parent to go get a job because they have to still pay every month.  It may be a lower amount, but it will be something.  If he goes to jail, the support is still due.  Whatever he can't pay will go into what is called 'arrearage' and will be taken out of his checks once he gets a job or taken out of tax refunds, etc.

Answer 3

Hypothetically or not...Without thinking twice about it, she should do whatever she has to that will keep her baby and herself safe. If she goes to court for separation or divorce, the father does have rights and will probably be allowed to see his child. If she can convince the court that it is not safe, they will appoint a mediator and have supervised visits. In a very extreme situation, and if many years have passed since the father has made an effort to have contact with his child, she can petition the court to sever his parental rights, but this really has to be an extreme situation for the court to allow this. They will not take away his parental rights for not paying child support. They may require him to take anger management and/or parenting classes. If he is ordered to pay child support and he does not have a job, the child support will rack up and he will owe back payments when he does get a job. If he does not pay, they will garnish his wages or send him to jail. If he is on parole and child support has been ordered, non-payment is considered a parole violation and he will be sent to prison. If he is not on parole at the time, he can go to jail for non payment in some states. He will have to pay it no matter what. If he goes to prison for a parole violation before the mother files any kind of legal action, she and her baby may be entitled to public cash assistance and food stamps.

I have friends who are recieving $50.00 a month in back child support for children who are older than 18 because thier biological mother left them, was ordered to pay and did not for 16 years. She now has to pay all of that back pay, and her wages are being garnished, but she only makes around $6.00 an hour!  He will have to come clean sometime,  and he will pay for it dearly.

Answer 4

longest question i have ever read but this might not be the place for a life changing question

Answer 5

He is entitled to visitation.  She is entitled to child support.  But there is no guarantee that she will see child support if he is not working.  It is guaranteed that he will never see a tax return if he is working and files taxes but is not paying child support.  If dad is abusive, the court can arrange 3rd part visitation where there is always a neutral party present.  She definitely should go to court and have everything put in writing - when he will pick up child, for how long, etc.  If you are in jail, you won't be making child support payments.  He can't have physical custody because he has no place to live.  Since he has no car, she may have to drop the child off at some mutually agreed spot.  Does he really have all that much interest in the child?  Because it sounds like in this case I would offer him the following deal:  You never have to pay child support if you simply drop out of our lives forever.

Answer 6

Well, It sounds like the mother would have more custody rights. It sounds like the father would be a horrible father. I am sorry if you were hoping he would get custody, but he will most likly not. In most cases, even if the mother and father are a good place for the child to be, the mother gets the child anyway because the mother is usually a better parent(but not always). It all depends. If she has a job, a place to go, a car, enough money to spport the child, then she will probably get the child. She may have to give him visitation rights, like he might get the child every other weekend or every weekend. It all depends on the laws in Texas. She must have had a rearson to leave, or she wouldn't have. Ask her and him about the situation. Check up on the laws in your state. You should definatly go to court, its the only way to resolve the matter at hand.

Answer 7

It doesn't matter if they guy doen't have a car or a job. he still has rights as a father.If they go to court he will probably get visitation unless you have proof of the abuse. They usually give the mother custody of the child. I would pray that he goes to jail. You won't get child support but atleast he won't be near the child. Which I would think is the most important thing but I have noticed that a lot of mothers are stuck on the money part. But if he didn't have a job in the first place then he wan't supporting him. And IF he is abusive I would get him to give up his parental rights. Keeping your child safe is always better than a couple of bucks a week.