Legal Question in Family Law in North Carolina
Ok so my son's father hasn't been in the child's life since he was he was only a few months old. The father only pops in and out of his life when he wants to he would probably only see him once or twice ever 3 months. We would agree on a time and time for him to visit his son and he would never show up or call to tell me wasn't coming. After failing to visit the child I wouldn't hear from him for at least 2 weeks and it would just keep being repated. After a while of popping in and out of the child life I wouldn't allow him to even bother seeing him at all or even set up anything with him because he never shows up. The child in name has health problems he was born with third degree congenital heart blockage, had a dual chamber pacemaker put i at 5.5 months old his father didn't even show up for it nor did he see him for months after surger, the child's left vocal is paralyzed with cause a speech impediment, the child also has asthma his father was never there for any emergency or doctors appt. I have taken care of my son on my own with the love and support of my family. I would never allow the father to take my son out of my sight because of all his health problems and his father wouldn't be able to understand the child the way I did, the father wouldn't be able to tell if something was medically wrong with the child. The father in name has no patients for a child who he couldn't understand the needs of what they wanted at the time. He smoked around his other child when the child was in the car with him I do not allow smoking while my child is present because of all his health problems. The father in name has never given any support to the child in name even when I would ask him for diapers or a ride to the Dr's he would never show up for anything. The father in names has taken money from me under false pretenses and wouldn't do what was said that the money would be used for. My ex husband has already taken the DNA test to prove he wasn't the father. The father in name has yet to do his DNA test when it was field in 2011 it's now the end of 2015. Ultimately other that child support will I be able to get back child support pay from him as well.
1 Answer from Attorneys
Right off the bat your story is at best inconsistent and at worst simply makes no sense - you say, and these are your words "my son's father hasn't been in the child's life since he was he was only a few months old" you then say - in the very next sentence, mind you "he would probably only see him once or twice ever 3 months". One of these sentences is true and one of them is false. My guess would be the later sentence is true. You then go one to list a bunch of medical issues and a bunch of allegations of the father being basically too stupid to know what to do and not having patience. You also start using a very odd description of both the father and child as being 'in name' - what ever that means. All of which basically indicates that you don't want the father around the child not necessarily that the father doesn't want to visit. You then finish up with an irrelevant fact about your ex not being the father and finally to the actual question - how much money can I get from father?. Well that depends on if you can find him, if he is determined to be the father (without a DNA test we really don't know), how much money he makes and how much you make - there are some other factors that might play a small role but those are the major ones. Just go to your locla child support enforcement office and they can handle everything for you. However, you don't get to eat your cake and have it to - if you are gonna try and pop him for child support, you likely will need to give up some visitation. The inconsistencies and the tone of your statement in general lead me to believe, based on my experience that at the very least, your conduct played as much a part in the lack of visitation as your allegation of the father being irresponsible.
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