by krisit_nicole05 on November 4th, 2006

krisit_nicole05

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Can a judge rule my childs father custody without a paternity test? And if i get child support does his father have to see his son? if so how often?

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Answers. 4 helpful answers below.

  • by tjatherton on November 4th, 2006

    tjatherton

    If his name is on the birth certificate. He is the father. Only if you pay to have one done with his permission, is it acceptable, unless you can give probable cause that the child is not his... but then why did you put his name on the birth certificate?
    Whether or not you get child support the father has the right to see the child, this is determined at the court appearance if you have trouble coming to an agreement with the father.
    If the father is abusive to the child, then there can be a restaining order against him seeing the child.
    If he was abusive to you and you do not want to see the father, then a restraining order from you, that may make seeing the child through a social worker or neighbor applicable.

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  • by LynfromNM on November 4th, 2006

    LynfromNM

    If you are claiming the man isn't your child's father, your attorney needs to make that an issue and have a test conducted under court supervision (in the U.S.). Unless you contest the father's parenthood and pay for a paternity test, that issue won't come into question in court.
    In the US, child support is not a condition of visitation - in other words, the father would have the right to see his child even if he wasn't paying support. If a person is not paying court-ordered support, contact the Child Support Enforcement bureau in your local area, and they can garnish wages and tax refunds on your behalf.
    The court assumes both parents have the same right to "parent". Courts are more likely these days to award joint custody than sole custody (with one parent as the primary caregiver). If you are awarded sole custody, you and the father must work out a court approved visitation schedule. A common type is, the non-custodial parent has the child one weekday evening every week, every other weekend and alternating major holidays (you have the child this Thanksgiving, he has the child next Thanksgiving). In order for a parent to be denied any visitation at all, a very high standard must be met, such as proof of molestation, giving drugs to the child, or violations of that nature. Even then, supervised visits may be permitted by the court.

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  • by Joshy-boy on June 13th, 2009

    Joshy-boy

    I belive, legaly, the only thing the judge needs is a birth cirtificacate signed by both parents.

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  • by George R. McCasland on June 13th, 2009

    George R. McCasland

    If you're getting child support, you acknowledge he's the father, and he has a right to file for parental rights and access. Properly, that should be 50% of the time. Or more if your intention is to violate the orders. But, why punish your child like that. Watch this.

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