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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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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: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
What is the state?

Did he serve any jail time for crime against a child?
Customer: replied 7 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 7 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 7 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 7 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 7 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 7 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.

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