Legal Question in Family Law in Ohio
child visitation
I have a 8 year old daughter .Her birth father and I were never married and no visitation was ever established threw the court.Since she was 1 he has shown up in her life 3 different times keeping up with visits for no more than 6 months at those times.He is over $5000 behind in child support.He has recently called me wanting to establish visitation he has not seen her since 12-04 even then he only visited her every other weekend for 5 hours or less for 6 months.He is also moving to michigan and we are located in ohio.My daughter wants nothing to do with him and burst out crying at the mere suggestion of him coming around again.My husband who has been wth me since she was one would have no problem adopting her if this a possibilty.I do not want to put her threw this because he will more than likely will not keep up with it and she says that he is mean to her . Any advice would be greatly appreciated.Thank you.
1 Answer from Attorneys
Re: child visitation
I assume that there has been a determination that this man is the father and a child support order has been entered by the Court. I also assume that the father is not paying much attention to the order.
The right to visit is not dependent on the payment of child support. There are penalties for not paying child support but withholding visits is not one of them. The child has a right to know her father and the father has a right to visit.
The test is what is in the best interest of the child. It sounds like you need to go to Juvenile Court and do two things. Ask the Court to enforce the Child support order. (this may lead the father to choose to just "go away" rather than be forced to do something that he obviously is not interested in doing.) The second thing you need to do is ask the Court to set the guidelines for any visitation. Because of the long periods of time between visits, the Court could order that there be no overnight visits or that any visits be in the Company of a third party.
The adoption question is an important one. Failure to pay support or have any contact with the child for a period of a year or more can result in the father forfeiting any rights that he has. You should talk directly to an attorney about this possibility. It sounds like your daughter may be better off without being yanked around so much by her biological father. The man who is being a real father to her may be able to successfully adopt her.
Feel free to call to discuss this in more detail. No charge or obligation for the confidential call.
Good Luck!
DHD
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