Legal Question in Family Law in Arkansas
visitation rights
i have a 6 year old child that has been diagnosed bi-polar with psychotic features, adhd, and odd. his father and i seperated when he was 2 (never married). his father has never paid child support and it has never been ordered. there has never been any effort on the fathers part to seek visitation. non custodial parent is taking me to court to establish visitation. i believe this would have a negative affect on child. father is alcoholic, unstable, irresponsible, and unwilling to admit that child has mediaclly proven disorders. child is currently in long term treatment facility (6 months) and current therapist has suggested that visits at center with father is counter productive and not advised. (behavior problems increase after visitation) is there a way to deny visitation with NC parent and still receive child support, i beleive it is not in childs best interest to have contact with father unless father undergoes therapy and rehab. but support is still needed. i am sure father will refuse therapy and rehab, is a psychiatric evaluation an order? how big is my fight going to be???
1 Answer from Attorneys
Re: visitation rights
It sounds like it will be an expensive fight. You must make sure the child's therapist will go to court and testify that visitation with the father would not be in the child's best interest. That is critical since most judge's will grant visitation (while it may be gradual if the father has not seen the child in some time). If he has not paid any child support I would also sue for both present and back support.
Butch