How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Daniel Solutions Your Own Question

Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
5180018
Type Your Family Law Question Here...
Daniel Solutions is online now
A new question is answered every 9 seconds

I have a 12 year old daughter (with special needs), her father

Resolved Question:

I have a 12 year old daughter (with special needs), her father has not been in her life since she was a year old. I have never filed for child support because he has spent several of the past 12 years in and out of prison. He is now seeking visitation rights, which I do not feel would be in my daughters best interest.

My question is what do you think his chances are of getting visitation rights and do I have any legal recourse to retroactive child support? I have never filed for child support in hopes that he would leave my child alone, however if he is going to seek visitation I am not above requesting support in hopes that it would work as a detriment. Thank you.
Submitted: 4 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 4 years ago.
What is the state?

Did he serve any jail time for crime against a child?
Customer: replied 4 years ago.

He has not served jail time for a crime against a child, I believe they are all burglary offenses. They all happened in the state of new york, but he has an extensive criminal history.

 

Expert:  Daniel Solutions replied 4 years ago.
Legally he would be entitled to have some form of visitation with the child. If he have violent tendencies you can ask the court to have the visitation supervised but most likely you will not be able to stop all visitation. You can see child support but the child support is a separate legal issue from visitation.
Customer: replied 4 years ago.
Can I seek the child support retroactively, since he has never paid any child support. It would mean 12 years of child support and may be enough to discourage him from pursuing visitation (not to mention that in theory if he didn't pay child support he would risk incarceration, am I correct in that understanding?) The other issue is that he had a daughter who was 12 or 13 whom he took fishing off of the sprain brook parkway (I believe) his daughter was struck and killed by a car when crossing the highway with him. He does not have the judgement to have unsupervised visitation..... Would the court take those circumstances into consideration?
Expert:  Daniel Solutions replied 4 years ago.
You should only be able to see back child support if you were married at the time of the child's birth or if there was a prior child support order for the father to pay support and he has failed to pay.
Customer: replied 4 years ago.
What about the other issue being taken into consideration for supervised visitation??? I am asking if in your expert opinion the court would award visitation to a convict who has spent close to half of his life incarcerated and never payed a dime in child support. He is also indirectly responsible for the death of another child.
Expert:  Daniel Solutions replied 4 years ago.

Based upon what you have shared with me I do think the court will award visitation with the father. Just so you understand it is possible that a person incarcerated can obtain visitation rights of a child.

 

Regarding factors for supervised visitation that is at the discretion of the court if the court is convinced that the parent would either run off with the child or lacks basic parenting skills to care for a child.

Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 2 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney