Question re. Child Support / Visitation Rights?

Question

My daughter is almost (3) years old. Her father has never seen her, or me for that matter, since I told him I was pregnant.

Until now things have been great, but due to this fabulous economy we have here in the U.S., I was recently laid off from my job of 5 years. I found a new job, but am only making 1/2 of what I was making. I have a large student loan payment, plus the usual stuff: daycare, rent, groceries, gas, etc... Lately I am having a hard time making ends meet.

Many people have suggested I try to get some daycare assistance from the government - I don't really want to get government assistance - so the next suggestion is that I go after her father for Child Support.

So, finally, here is my question. Since it has been so long, will I still be able to get the DNA test and get a court order for child support?

Also, realistically, what type of visitation would he be entitled to at that point? I don't really want him in her life, as he has turned into a jerk.

Answer 1

I am going through the child support and visitation stuff right now. So you know, child support and child custody are two different things. If the father wants visitation or custody he can ask for it, and then you would be able to fight it. But if he doesn't ask nothing will happen.  So its a hard thing decision to make. I will say this, what should happen, will happen. Good luck!

Answer 2

I think you have every right to file for support.  

He helped make the baby, and even if he doesn't want to be a part of her life, he should help support the baby.

Yes, you can file now.  The father will have to take a DNA test and then support will be established.  

The courts will offer him a visitation schedule and it will be up to him to follow thru on visits.  I don't see the court giving him any regular visits right off, considering he hasn't been a part of her life, but maybe monitored visits at your house, etc.  If he shows up for those visits, then the visits could eventually go to his house.

Answer 3

Yes I would think you could still go to court for child support. He would be entitled to visitation. how long and how much can vary depending on the judge. I think if you went for assistance they would still want to take the father to court for child support ( that is what happened to a friend of mine). In all honesty I think the father (unless you can prove him to be unfit and get supervised visitation) will probably at least get every other weekend.

Answer 4

Yes Yes & Yes.

You have until your child turns 18 to go after a new support order.  So waiting 3 years is nothing.  I have a friend where the mom waited 10 years!  Anyway, he will definatly be forced to pay something from here on out, & whether or not you can go backwards any depends on the laws of your state.  Every state handles going backwards differently.  Some will NEVER go backwards, some only go back 1-5 years, some will only go back to the date the court papers were filed, some go back to birth, & some leave it entirely up to the judge.  So you might end up getting awarded some money for the past 3 years as well.  As far as visitation, that's a little different.  Since you two were never married, visitation is NOT automatically set-up at the same time as child support.  HE will have to request in writting to the court a request for the vistation.  If he does not, he gets nothing, & you legally do not have to let him see the child. He will get at least the standard order if he does request it, unless you can prove that he is a danger to the child.  The standard order is usually every other weekend (fri-sun), certain holidays, one day for like 3 hours during the week (every week), a week at spring break & x-mas, & 4 weeks in the summer.  If you'd like a little more specific info. I need to know your state, feel free to e-mail me through my profile.

Answer 5

It's never too late to establish paternity and file for child support. Each case is different, but my sister-in-law filed for child support and this is how it worked out for her:

She gets a check once a month for child support. She basically can use it as she pleases. She still pays for daycare, diapers, food, etc. She uses the child support for daycare, but it's still not enough to cover it.

She gets her daughter all the time EXCEPT every other weekend and one entire week out of the year.

Since this guy hasn't been in your life since you told him you were pregnant, what are the chances he'd even want partial custody of your daughter? If he did, you'd have to abide by the court ruling.. If you can somehow prove he is unfit father though, he probably won't have any custodial rights.