In may of 2007 I left Minnesota and moved back to Ohio because of problems in the home, I left my daughter with her mother. While we were not married, I was my daughters primary care giver. Her mother worked second shift, so I woke up with our daughter and took her to day care, went to work and then picked her up in the evening.
In July of 2007, two months after I left I was in a near fatal car accident. I spent over one week in the hospital and still make trips to the hospital three and four times a week. My doctors have made it clear I cannot work.
Child support was ordered one month after my accident. As I cannot work I cannot pay.
My daughters mother has changed her phone number and moved. She and her family refuses to give me her number and her address. I have not spoken with my almost two year old daughter since fathers day of '07.
Does the mother have any right to do this? Do I have any rights to my daughter even though I'm living in Ohio and I cannot at this time pay child support?
Please someone give me an answer.
Thanks.

1. If the mother has gotten temp or full custody of the child in court and there is court orderd child suppot, yes, you are obligated to pay.
You should have been served with court papers and had a chance to either appear or because of medical problems get a new court date.

As for as vistis, that is easy, you file a motion with the court that requires her to supply you their address and phone number and visitation rights.

mardar123 writes: "does the mother have any right to do this ( changed her phone number and moved)?" Yes, she can move and change her phone number any time she wishes.

"Do i have any rights to my daughter even though im living in Ohio and i cannot at this time pay child support?" Until modified by order of a court with jurisdiction over you, the mother, and child, you and the mother have 'equal' rights to the child. Once a court enters an order pertaining to custody and/or visitation, then the court order is controlling.

If the court has awarded you visitation with your daughter, your right to exercise visitation exists separately from your obligation to pay child support. If you do not have a copy of the order from a month after your accident, then you should get a copy.

Quote:

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Originally Posted by mardar123

in may of 2007 i left minnesota and moved back to ohio because of problems in the home, i left my daughter with her mother. while we were not married, i was my daughters primary care giver. her mother worked second shift, so i woke up with our daughter and took her to day care, went to work and then picked her up in the evening.
in july of 2007, two months after i left i was in a near fatal car accident. i spent over one week in the hospital and still make trips to the hospital three and four times a week. my doctors have made it clear i cannot work.
child support was ordered one month after my accident. as i cannot work i cannot pay.
my daughters mother has changed her phone number and moved. she and her family refuses to give me her number and her address. i have not spoken with my almost two year old daughter since fathers day of '07.
does the mother have any right to do this? do i have any rights to my daughter even though im living in Ohio and i cannot at this time pay child support?
please someone give me an answer.
thanks.

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This is another "get an Attorney" answer - if support is Court ordered and you have not presented the Court with a change of circumstances the money meter keeps ticking, whether you can pay or not, and will keep ticking until the support issue is addressed. You will end up with a huge bill for arrearages if you do not take care of this soon.

I don't understand the support award if you were not working at the time and cannot work - unless it is in an amount the Court felt you could pay out of disability or no fault or however you support yourself.

And, no, if there is a custody order in place the mother cannot do this. However, she IS doing it because you are not protesting.

Another reason to get an Attorney and go to Court!

In the situation your in you may need to find a law firm that can handle your legal problems. If you can't work then how can you support yourself.. are you going to apply for SSI ? You may need help in filing for that. If there is a support order against you then there must also be an order of custody. If you can't afford legal council then you might get help from your local courts as to legal aide. Either way if you want to see your child then your going to have to go through the courts. If you weren't married at the time you might also be required to take a DNA test so be prepared.

Good luck

Child support and visitation are two separate issues. One has no bearing on the other. Petition the court that issued the child support order for a modification based on changed circumstances, those being your disability and inability to work. Have whatever medical documentation is necessary to sustain your claim. Concurrent with that, include a motion for an order of visitation. In order to contest it, the mother will have to appear in court and thus make her whereabouts known. You should then be able to get your child support modified and get set in place a visitation order requiring your ex to keep you notified as to her whereabouts.