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  1. #1
    Join Date
    Feb 2008
    Location
    Missouri
    Posts
    2

    Default Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Child Support

    I have a couple questions. My boyfriend has two children he is ordered to pay current and back childsupport on and one that is in the state's custody and he has back childsupport to pay on her. Oh, we live in Missouri and so do the children. Here is the deal. He has not been the most resopnsible father, the children are 2 and 3 and he has never really paid child support until 6 months ago when he started working. He has received two witholding orders but the company he works for hasn't been witholding the entire amount for both orders. He is now sitting in jail with 5 felony charges on him for going 6 months without paying. His employer has been witholding some out of his check but we are not sure which child it was going towards. The mothers of his children will not allow him to see the kids without strings always being attached. One of them tells him he can see his son if he takes her other son (who he is not the father of). The father of her other child is back in her life now and she won't let my boyfriend see his son at all. It is so bad that if we run into them at the store he has to shake his own sons hand and is not allowed to give him a hug or anything. The mother has also told him he is not allowed to call or come by to see the child. The other mother just won't let him see his daughter at all. If she needs a place to stay or something like that then he can see his daughter if we let his baby's mother, his daughter and the mother's other child stay with us. We tried that and it didn't work. Here are my questions:
    He is sitting in jail with 5 felony charges for not paying his childsupport, what kind of sentence can he get for this?
    What would have to be done for him to sign his rights away on both children since the mother's won't let him see them any?

    sorry this is so long!!!

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Childsuppor

    I'm sorry that I do not have the answer to how long his sentence may be. But I think you should know that if he does terminate his parental rights it will not release him from his current child support debt. In addition - you do not mention if he had a court order for visitation. If he did and he indeed wanted to spend time with the child all he needed to do was let the courts know that the mother was in violation of the order. Saying she wouldn't let him visit is a sad excuse for not paying support.

  3. #3
    Join Date
    Feb 2008
    Location
    Missouri
    Posts
    2

    Default Re: Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Child Suppo

    There is not a court order for visitation on either of the kids.

  4. #4
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Child Suppo

    Well, if dad wants to be able to see his child he should file for visitation. Once it is ordered, the mother will have to comply with the order or be faced with contempt charges.

  5. #5
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Child Suppo

    IF he can get visitation as a convicted felon...

  6. #6
    Join Date
    Feb 2008
    Location
    WV
    Posts
    115

    Default Re: Noncustodial Parent Not Allowed Visitation But Custodial Parent Wants Child Suppo

    Visitation is one issue custody is another, they are not one issue. Just because he doesn't get to see the child does not me he doesn't have to support the child.
    First he must be making reasonable efforts to pay support including back support. How he can do that from jail I have no idea. But then again putting dad in jail for child support never did make any sense to me. If he signs away his rights he is still responcible for payment of cs until somebody else adopts the child usually a step parent. In fact he could actually end up paying more because now he doesn't see the child at all meaning he has no other expense towards the child. So unless a step parent is willing to adopt makes no sense to terminate his rights.
    Visitation is a whole other situation. Unless his felony is something considered a physical danger to the child (assault, drugs, rape, or something to that extent) he can still get visitation. The visitation may end up supervised but he can get it. For not paying child support I doubt unless there is something else that he would not be able to get something.
    He needs to file for some type of visitation and he needs to start paying up his support. It doesn't matter if bio mom wants him to see the child or not she has no choice once the order in in affect just like he has no chioce to pay support once the order is in affect.

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