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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
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Please pay more attention to posting guidelines. There is a Read First sticky in the Children forum (where this was moved from) that directs questions of a legal nature to this forum.
No you don't have all legal rights because you never filed for them. Nor can you get back child support since you never filed for that either. He is the legal father and has equal rights. You were told that when he took the child, yet you never did anything about it. Child support and visitation are generally considered separately. So if he goes to court to get visitation, the courts will, in all likelihood, grant it. You can probably restrict it to supervised visitation at first give the previous issue of taking the child and his criminal record. If you want child support, you will have to go to court to get it. You generally can't get support for a period prior to when you file, so you will have to settle for support starting after you file. What you should do now is what you should have done when you first broke up. That is go to Family Court and file for full physical and legal custody with a request for child support. |
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