Legal Question in Family Law in Louisiana
First question:
During the child support courtcase we established visitation rights (signed by both parents) which states (wether or not Im the dad) I will get to see my daughter and specifies dates. One week after this, DNA results showed I am not her real father. I stopped paying child support. Can I still hold her mom to the visitation rights? Or can she dismiss them now?
Answer by attorney:
Forget the visitation issue, you had no legal right to stop child support payments! You are about to have a bomb dropped on you my friend, so you better catch up the back support and petition the court to have the child support judgment rescinded. You say the visitation rights were (signed by both parents) but now you want to NOT BE A PARENT for child support but BE A PARENT for visitation.......it does not work that way. I do not know the particulars, but if you acknowledged the child, by, for instance having your name put on the birth certificate, you are stuck until another father is found or you can find a Judge who will eliminate the child support.
Nick Pizzolatto, Jr.
Pizzolatto Law Office
2771 Paul White Road
Lake Charles, LA 70611
Additional information:
During the child support case, it was said my name will be taken off her birth certificate. Do you know when this will happen? It has also been established I don�t pay child support. If that�s fair or not, is not the question. You should know the whole story. She stole 100.000$, threatened me, my family�too many personal things to mention. I gave her money to stay out of jail (she fled the state), a car, helped with rent. I wanted her to be well off, so that my daughter would be doing fine too. Mind you, I had my daughter for the first 4 years and paid everything; her mom was on the streets! Since she moved with her, I gave 500$ a month, more then the lawyer discussed now. But since she has another child (which she also went to court for, since the father found out he is also NOT the real father) things changed. My hope is to create a change. This is the 1st month that I stopped paying and immediately I could have my daughter over (after years)! I am hoping that by me not paying, she will stop the craziness and allow contact. Which she in this 1st month did, so I paid. Before this case ended, we had a signed petition (that is signed by both parents and the judge) that whether or not I am the father, I will have visitation rights. Can she be held to this? Or can she just dismiss this some way? I will continue paying but I want to know what I can expect. Thank you so much for your help.
1 Answer from Attorneys
You do not owe the support because the court has relieved you of the obligation. The birth certificate has to be requested to vital records and they correct. Visitation will not happen unless the parties agree or the court finds continued contact is in the child's best interest. It will require you to file suit and prove the matter.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
