Legal Question in Family Law in Montana

Child Support

I pay child support for my son who i have not seen or heard anything about for 2 1/2 years. I am a fit father who wants to see my son but am refused visitation from the mother. Why should i have to pay child support for a son that im not allowed to see? Can I sign over my parental rights or do both parental parties have to agree to that?


Asked on 6/17/09, 3:06 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

Re: Child Support

This is similar to another post today about support and parenting.

Why you have to pay for a child you are not allowed to see: Montana does not tie one's right to see a child with one's obligation to financially support the child. They are separate issues -- if you are obligated to support a child, you cannot legally stop paying support because the other parent interferes with your parenting.

The child has a legal right to financial support. The child should not suffer lack of support for the parents' inability to solve the visitation problem.

What you can do: You have legal recourse.

-- If you cannot afford a lawyer, you can call the Montana State Bar Lawyer Referral Service and ask for a pro bono attorney.

-- You can visit www.montanalegalhelp.org

-- You can call your district court to ask if your district has a pro se help clinic (pro se is representing yourself)

You need to file a petition or motion to adopt a Parenting Plan or Schedule. You attach your proposed Parenting Plan. You can find templates to help you create the schedule or plan. Montana Legal Help or your court's pro se program probably has the forms you need.

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Answered on 6/17/09, 12:52 pm


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