Legal Question in Family Law in Ohio

Visitation

My boyfriend and I had a child 14 years ago out of wedlock. The county

recently went after him for child support and now he's paying. He's now calling me and

threatening that if I don't drop the child support, he will sue for visitation. He has not

seen my child in 10 years or tried to contact us. I have been happily married for 9 years

and my husband has raised this child. This is "DAD" to him. My son does not want to see his real father, as he HAS a father! Can the real father get visitation

because he's paying support? By the way...the real father told me "IF I HAVE TO

PAY THE MONEY, I'll SEE THE DAMN KID" (his own words) He doesn't want to

see him, he just wants to hurt me. I need to know what his chances are of getting

visitation. Please help!!!


Asked on 4/25/99, 1:25 pm

1 Answer from Attorneys

Jonathan Schiff Self employed

Re: Visitation

A lot is going to depend on what county you live in. The up side for you is amount of time without contact, the age of child (who really isn't a child anymore) and the timing of the demand with child support.

First off, visitation and child support are not dependent on each other. Just because he now has to pay doesn't mean he has purchased the right to see the kid. However, by just being the natural father he does retain some residual rights which could put the Court in a bind should he actually go through with his demand.

My guess is though, that if the Court were to grant visits it would most likely be under extremely limited circumstances and should this "child" now a teenager strongly object, especially after meeting this guy (assuming that any of this comes to pass), I doubt the Court would be in a position to force continued contact.

On the other hand there always is the possibility (remote as it may be) that visitation is ordered and it turns out to be a good thing.

I wouldn't panic just because he has made threats. Obviously you may wish to get a lawyer to represent you should he actually follow through with a request for a hearing and after that just try to go with the situation as it develops, explaining your objections to the Court if necessary and above all, try to be as supportive to your son as you can.

In the years I did custody cases as counsel for the Department of Human Services, I saw a great many of these situations and usually the real problems developed because the parties lost their heads as a result of the tremendous emotions generated. If the guy is a total jerk you can prevent a lot of damage by remaining calm, focused and at least appear to be objective and above the fray. I know from experience that the courts positively adore parents who come into hearings taking the moral high ground by not sinking into the petty bickering and reproaches that too frequently characterize these matters.

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Answered on 5/02/99, 12:26 am


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