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    roadblock's Avatar
    roadblock Posts: 2, Reputation: 1
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    #1

    Jan 21, 2009, 09:44 PM
    After 10 yrs of no child support, can the father of my son still have rights?
    I have a 14 yr old boy turning 15 in May. Myself and my son have not spoken to his father in 10 yrs. Out of 12 yrs. He was locked up for 10 yrs but we had already broken up a yr before he went to jail. I never went to court for child support or custody. 2 yrs ago, he got out of jail and wanted to see my son. He said he wants to be a part of his life. I told him that if he wants to be apart of my sons life then for him to go to court and back pay for child support and get his visitation rights. When my son was 2, he took my son to California and left him w his parents. I called the police and they told me he is the child's father and I don't have legal rights to report it a kidnap. I eventually got him back on my own months later. But 2 yrs. Ago ever since I mention child support, Never heard from him again. Do I have all legal rights? Can I still get child support? I don't know where he lives and don't have his ssn. What should I do
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jan 22, 2009, 05:41 AM

    I'll be straight with you... you *may* be able to go to court and request child support but it may also depend on your state. You have known where the guy was for years so the first thing the court is going to ask is why has it taken you 14 years to come in.

    The thing I am looking at is that your son is 15. It is entirely possible that if you open that door you will never see a dime before he is above the age of support. The father does not seem to be terribly interested in him or having a relationship with his child, so if it were me, I would just let it be.

    Until he goes to court to get his rights restored, there is nothing to worry about.

    I would, however, check with a local family law lawyer and check that he does not currently have legal rights. I would venture to guess that he doesn't but that is just a guess.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 22, 2009, 07:07 AM

    Ok, you needed yeas ago to go to court and get a child custdy order and child support order.

    You may or may not be awarded any back, and if so, based on his income or state min since he had no income, it will be very little, but still be some,
    But that depends on how many years they allow you to go back.

    So if he shows the court he has changed he is sorry for his crime and wants to make things right,
    I would say the court will start with supervised visits and then if he does OK, get full visits.

    So this needs to be done in court, just depends on who files first

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