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Asked 2/27/2011

I am not currently on child support, however the mother of my child is refusing to let me see her. I do provide monetary support for my child and care for her every need. I live in Louisiana, what are my rights?

I want to know if i file child support on myself, what happens at that point?

 
 
 
 
 
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Answer 1/3 - Submitted 2/27/2011

Hi Raymond and welcome to web answers. What you should do is file for custody, visitation and child support. You can do this all in one shot and depending on the child's mom (if she's wanting you to see the child or not) you may not need a lawyer. If you think she's going to fight you having visitation rights then you should get a lawyer. If you can't afford one you can get one threw legal aide or try to find a lawyer who will work with you on a sliding scale. If your name is not on the birth certificate than you will need to file for a paternity test as well. You will have to use one that is approved of by the courts. Once you establish paternity if you haven't already then file for custody visitation and support. It is best to go threw the state child support agency that way the mother can not say that you didn't pay her and then go back and try to get money from you again. How old is the child? You want to file as soon as possible because the longer you go without seeing the child usually the less parenting time you will get. If the child doesn't know you and has never met you odds are you'll be put on a step up program to get to the normal amount of time so that the child has time to get to know you and not feel as though they are being left with a stranger. You do have rights to see your child assuming your not a child molester or addict. Be patient as the legal process sometimes takes awhile before you get anywhere. Good luck!

 
 

Answer 2/3 - Submitted 2/27/2011

Child support and visitation are two separate issues. You need to begin this process by filing for visitation and paternity to be established. Once paternity is established, you will be granted visitation as you have the right to see your child no matter what Mommy Dearest wants.

Be forewarned though, this will likely spur her to file for child support, but you seem willingly to pay anyway.

Good luck and best wishes.

 
 

Answer 3/3 - Submitted 3/1/2011

Your paying child support is a good thing and it is your responiabltly as a father, howver one has nothing to do with the other when it comes to your rights to custody, joint custody and or visitation, if there is a stipulated joint custody or a visitation order though the courts then the custodial parent has to comply with that order or you can file against her for contempt and or file a petition to enforce parenting time. If you are paying the mother any child support outside of the court then you need to no this if the mother ever files for child support she could ask for child support from the birth of your child and any support you have given would be considered a gift. Yes you can set up a child support order for yourself. Now with this being said you never stated if you and the mother are married or sinle parents, if your sinle parents then you would eed to be on the childs birth certificate or of proven partenty prior to being able to file for custody, joint custody and or for any visitation rights though the court, until then the mother can refuse you any visitations, ithe mother is the custodial parent and she still needs to file for custody though the court for her child unti there is a court order granting a parent custody then neither parent has custody. If you and the mother are married and there has not be any motion filed by either of you for a divorce or for tempory custody then neither parent has custody you both have joint csutody and until one parent files you both should try to allow each other the see the child(ren), although this is hard. You shoud consult with a lawyer if you want to pursue your rights.

 
 
 
 
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