Can a parent who pays child support see the child anytime? 11 Answers as of April 09, 2013

I am a single mother and I filed for child support. He denied paternity and we took the test which proved he was the father. He has never seen the child, and has stated he never wants to. I just want to know if he is paying child support with never even seeing the child, can he come around whenever and demand to see her. Or does he have to go through the courts? Also, if he does file for visitation, could I file for supervised visits if I feel like he is mentally unstable?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Carey and Leisure | John Smitten
He has no rights until he files a petition with the court to enforce his rights.
Answer Applies to: Florida
Replied: 4/9/2013
John Russo | John Russo
Child support vs custody, placement, and visitation are separate issues, if he wants visitation then he needs to file a petition to establish custody, placement, and visitation. A word of caution with the last part of your question, I am willing to bet that he feels that you are mentally unstable also, those types of arguments will get you nowhere without evidentiary support, so my point is the judge may feel that you are the unstable person if you become unreasonable.
Answer Applies to: Rhode Island
Replied: 4/8/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you want to make sure about visitation and custody, make it part of the child support decree.
Answer Applies to: Idaho
Replied: 4/8/2013
Gateway Legal Group | Christian J. Albut
The payment of child support and visitation are two separate issues. If you pay support or not will not reflect on the ability to have visitation. The parent that is seeking those visitation rights will need to petition the court for said time with the child. Depending on the issues involved you can counter with supervised or limited visitation but said request would be factually based and the court would have a clear picture for supervised visitation.
Answer Applies to: California
Replied: 4/8/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You can deny him visitation. He can file for visitation through the courts. You can ask that it is supervised but you may have to pay the costs (around $50 per hour).
Answer Applies to: California
Replied: 4/8/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Child support and visitation are separate issues. They are both set by the court. If there is no court ordered custody or visitation file a Motion for Custody and explain why you want supervised visitation.
    Answer Applies to: Nevada
    Replied: 4/8/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    Visitation of a child is accomplished by agreement, or by court order if there is no agreement possible. In general terms, it is better to have an order spelling out visitation, as verbal or even written understandings that are not through the court are not easily enforced when the agreeable nature of the party breaks down (which happens, a lot.) Supervised visitation is possible to obtain through the court in appropriate circumstances.
    Answer Applies to: Oklahoma
    Replied: 4/8/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    He has to go thru the courts if there is no order for visitation
    Answer Applies to: Wisconsin
    Replied: 4/8/2013
    Law Office of Kristine McDonnell | Kristine McDonnell
    He has to file a complaint or motion to receive parenting time.
    Answer Applies to: Ohio
    Replied: 4/8/2013
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    You can agree to let him see the child without a court order. If you cannot work things out informally, then either one of you can seek a court order that spells out what visitation will be. If there is justification, the Court can order that any visitation be monitored or supervised.
    Answer Applies to: California
    Replied: 4/8/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    As he has been adjudicated to be the father he will have parental rights and responsibilities. That means you'll have a right parenting time if he chooses to exercise it, and a requirement to assist in the support of his offspring. I would strongly suggest you at least counsel with an attorney to determine what your next best course of action is.
    Answer Applies to: Michigan
    Replied: 4/8/2013
Click to View More Answers: