Legal Question in Family Law in Pennsylvania
If a father does not pay support does he have the right to see the child
My daughter had a baby (now 11 months old) who has medical problems and has been in and out of the hospital. The father of the child only wants to be a child when it is convenient for him and does the same with paying support. Can you tell me if there is a way to keep him out of the picture in seeing his daughter. He is not trustworthy to have her alone (drugs have been involved). He has a part time job with a carnival only on weekends, not very ambitious. We would like to see legal counsel only if necessary. We contacted the domestic relations section adn they said if he is not filing we should not either. But need to know if we can somehow write him off and raise her on our own just her mother and baby. The medical issue is a real problem if he were to get custody alone since she is on daily medicatoins and could have side effects without them. Please advise. thanks
1 Answer from Attorneys
Re: If a father does not pay support does he have the right to see the child
The right to visitation or partial custody is not dependent upon the payment of support, nor may a parent contract away a child's right to support in return for the father's agreement not to seek visitation.
All of the concerns you list regarding the father's parenting ability would be important issues for the court, should he seek custodial rights. You could use these as evidence that he should have limited visitation. However, courts rarely if ever deny all visitation rights to fathers.
The only avenue through which the father's rights to the chid could be completely severed would be through a relinquishment of parental rights. There are strict requirements to be met in these situations and you would need the assistance of an experienced domestic relations attorney in pursuing this option.
If I can be of any help to you, please feel free to call my office.
Ilene Young, Esquire/ Civil & Family Practice
215-444-0445
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.
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