Visitation and Child Support for a Toddler
My question involves a child custody case from the State of: Indiana. I have a 17 month old little girl. Her father walked out on her when she was a baby. He did sign the birth certificate and everything. There is a child support order in the amount of $10 a week. He has only paid 50 dollars so far. He now owes back child support of $1640. We went to court today and the judge just set another date for Feb. 2011. When I asked the courts about doing some type of visitation they told me they can't help me with that. I need to know what I need to do to get visitation legalized. I would like supervised visitation until he can show some responsibilty. I am a single mother trying to raise and support my daughter on my own. Its tough and I cant afford a lawyer at this time. Can anyone please help me with advice on this? I don't understand how he can get away with not paying the child support. He has 4 kids all together by 3 different women. Thats including my daughter. He has to pay support on another child and he owes over $1000 back child support for that case. Also I would like to know how I can get her last name changed or maybe possibly getting his rights.
Re: Visitation and Child Support for a Toddler
Quote:
Quoting
missuselman
My question involves a child custody case from the State of: Indiana. I have a 17 month old little girl. Her father walked out on her when she was a baby. He did sign the birth certificate and everything. There is a child support order in the amount of $10 a week.
How old is the father?
Quote:
He has only paid 50 dollars so far. He now owes back child support of $1640. We went to court today and the judge just set another date for Feb. 2011. When I asked the courts about doing some type of visitation they told me they can't help me with that. I need to know what I need to do to get visitation legalized.
Typically if dad wants visitation, then he'd need to file a motion with the court, asking the court to formalize a parenting plan. If dad doesn't want visitation, you can bring a motion to get it formalized, but can't force dad to USE any time the court allocates to him.
Quote:
I would like supervised visitation until he can show some responsibilty.
The court works under the presumption that if you chose to have sex and create a child with him, that you found him to be fit to be a father to his child. What has changed SINCE then that would make the court overturn your own selection process?
Quote:
I am a single mother trying to raise and support my daughter on my own. Its tough and I cant afford a lawyer at this time. Can anyone please help me with advice on this? I don't understand how he can get away with not paying the child support. He has 4 kids all together by 3 different women.
Unless he's making BIG money, child support for 4 kids means there's not much to go around. There are max limits on what can be seized from him. Even the government can't get blood out of a turnip. Yes, they can do things like put him in jail for contempt for not paying, but that means he's not working or able to pay ANYTHING during that time. I still can't get past the ridiculous $10 child support order. That would typically indicate that he's either (a) very young, or (b) has no work history or is just now getting into the employment game, or both. When considering whom to have children with, the best indicator of how he'll treat and pay for children he has with you, is how well he treats and pays for the children he's already GOT.
Quote:
Also I would like to know how I can get her last name changed or maybe possibly getting his rights.
You can file a motion and ask the court about the name change. Dad has the right to his children having his last name
so the burden is on you to prove that it's in the child's best interest.
On what grounds and under what circumstances do you believe the court would terminate his rights? Is he looking at a lengthy prison term for a violent crime? Has he recently been convicted of a crime against a child? Some recent incident that would make the court consider him a danger to himself or others? Are you married, in a stable relationship, and does your new husband want to adopt your child? If none of those, the court isn't likely to find reason to terminate the CHILD'S right to their father.
Re: Visitation and Child Support for a Toddler
The father is 26. I think its best for supervised visitation because of his past history with drugs and abuse. He states he wants to see his daughter but never will follow through with what he says. He has served time in jail for drugs, assault, and battery. He has had several jobs in the past that last only a few days. He can't hold a job. He lives with whoever will support him. The first child support order was for $25 a week. He never paid at that time. We then went back to court and they lowered the order to $10 a week. I want the name change because he chooses to not have a life with his daughter. He has helped in no way financially or physically. If he don't want visitation thats fine...I would at least like to have her last name changed. I am currently engaged and my fiance has stated that when we do get married he would like to adopt my daughter.
Re: Visitation and Child Support for a Toddler
If dad is willing to support adoption, the process isn't terribly complicated nor expensive. However, it's important that it's done RIGHT the first time around, just in case dad gets a change of heart later and wants to contest it. You can complete the petition and any additional paperwork yourself, and then just pay for a couple of hours for a local family law attorney to review it prior to filing. Realistically, the court will want to see that you and your current fiance have a successful and stable marriage, generally a minimum of 6 months, a year being better, before you file.