If the father of my child hasn’t seen the child since they were 3 months old and hasn’t given any finacial assistance, what rights does he have if I file for child support?

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If the father of my child hasn’t seen the child since they were 3 months old and hasn’t given any finacial assistance, what rights does he have if I file for child support?

Asked on October 5, 2012 under Family Law, North Carolina

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Even though they are related issues, the courts generally do not make visitation conditioned upon the payment of child support.  With that being said, if you file for child support, then the court is likely to impose some type of visitation order that grants him access to the child.  (This doesn't mean that he will visit, just that he has the right to visit).  Considering the age of your child and the historical lack of interest on his part, you can, however, ask for restricted or limitations on his access.

If a parent goes for an extended period of time without providing support and without contacting a child, then you could potentially move for termination of dad's parental rights.  Many parents do not go this route, however, because it harms the future rights of children to inherit by and through their parents.


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