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Paying Child Support But Not Allowed to See My Child

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  • 10-29-2014, 01:09 PM
    longtimecoming
    Paying Child Support But Not Allowed to See My Child
    My question involves child support in the State of: NY

    Ive been paying child support timely and consistently for years yet have been prohibited by the father to see my daughter. I have repeatedly tried to call/contact and speak with my daughter since she was about 3 yrs old but have been denied by her father. He claims that since I am a felony offender that my daughter is afraid of me and feels I am a danger to her...She is 14 years old now and the few times I have been able to speak with her (2 years ago) she strongly desires a relationship. Father is now remarried... What is my recourse here? To be honest Ive been dreading the battle and insanity that her father will create but I really miss my child and feel that I have rights here...

    There was rumor that the step parent filed for custody without my knowledge claiming I was a deadbeat parent? Can this be done without my knowledge? How can I be a deadbeat parent if Ive paid all child support on time and in full....

    Do I have any rights as to the non visitation and child support that was paid?

    My daughter and her father's last known residence was in SC
  • 10-29-2014, 01:37 PM
    Dogmatique
    Re: Been Paying Suport but Not Seen Child
    Child support? No, that belongs to your ex.

    If you had a court order for visitation, you could have taken your ex to court if he withheld your daughter.

    If you didn't, then Dad has done nothing illegal.

    Have you even tried to visit? At this point, your 14 year old doesn't know you, and if you do have to file for an order you need to expect that you'll get phased-in supervised visits at first. This is going to be a difficult adjustment for your daughter.

    You should also check to see that you actually still have parental rights; it is possible that your rights were terminated as part of a stepparent adoption.
  • 10-29-2014, 02:07 PM
    llworking
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting Dogmatique
    View Post
    Child support? No, that belongs to your ex.

    If you had a court order for visitation, you could have taken your ex to court if he withheld your daughter.

    If you didn't, then Dad has done nothing illegal.

    Have you even tried to visit? At this point, your 14 year old doesn't know you, and if you do have to file for an order you need to expect that you'll get phased-in supervised visits at first. This is going to be a difficult adjustment for your daughter.

    You should also check to see that you actually still have parental rights; it is possible that your rights were terminated as part of a stepparent adoption.

    She is still paying child support. That would have stopped if there had been a stepparent adoption.
  • 10-29-2014, 02:49 PM
    CourtClerk
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting llworking
    View Post
    She is still paying child support. That would have stopped if there had been a stepparent adoption.

    Not if there was an arrearage.
  • 10-29-2014, 03:38 PM
    llworking
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting CourtClerk
    View Post
    Not if there was an arrearage.

    True...I was assuming it was current support...my bad.
  • 10-29-2014, 04:06 PM
    longtimecoming
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting llworking
    View Post
    True...I was assuming it was current support...my bad.

    Child support is and has always been current....never late, never any arrears...
  • 10-29-2014, 04:20 PM
    llworking
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting longtimecoming
    View Post
    Child support is and has always been current....never late, never any arrears...

    ok, then there is virtually no chance that a stepparent adoption has happened. You either need to file to establish visitation or file to enforce visitation.
  • 10-29-2014, 04:25 PM
    longtimecoming
    Re: Been Paying Suport but Not Seen Child
    Ok I will have to file for visitation then....Thanks for your advice...truly appreciate it!
  • 10-29-2014, 06:24 PM
    Dogmatique
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting llworking
    View Post
    ok, then there is virtually no chance that a stepparent adoption has happened. You either need to file to establish visitation or file to enforce visitation.


    A stepparent adoption doesn't automatically stop or modify the child support order. Given that OP doesn't really know where Dad is, it wouldn't surprise me in the slightest that a stepparent adoption was granted (with OP being served by other means), and the child support order just keeps on rolling in.

    I'd hate to think that's the case, but it bears consideration nonetheless.
  • 10-29-2014, 10:24 PM
    llworking
    Re: Been Paying Suport but Not Seen Child
    Quote:

    Quoting Dogmatique
    View Post
    A stepparent adoption doesn't automatically stop or modify the child support order. Given that OP doesn't really know where Dad is, it wouldn't surprise me in the slightest that a stepparent adoption was granted (with OP being served by other means), and the child support order just keeps on rolling in.

    I'd hate to think that's the case, but it bears consideration nonetheless.

    Well, if that is the case, she will find out when she files for visitation.
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