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Ask Lawyer Lori Your Own Question
Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My daughter lives in WV. She has a 5 year old daughter with

Customer Question

My daughter lives in WV. She has a 5 year old daughter with a man she didn't marry. They have been split up for over 3 years and she is now married to another man. The father never sees his child, and has only given her child support a few times. Can she attempt to get back child support?
Submitted: 4 years ago.
Category: Family Law
Expert:  Lawyer Lori replied 4 years ago.

Lawyer Lori :

Good evening. Can you tell me if there are any court orders regarding the child - custody, visitation or support?

Lawyer Lori :

Thank you for attempting to accept this answer, but this is merely an information request. After I answer your question, you will be able to accept.

Lawyer Lori :

Are there any court orders in effect regarding the child, custody, visitation or support?

Lawyer Lori :

If there is an order of child support in place, child support can only be collected from the date that the order was entered by the court. If there is no order currently in effect, while the court has the power to order support from the date of separation, typically, the order for support is only effective from the date of filing with the court.

Lawyer Lori :

However, if the father has avoided service of the support suit or has hidden his location the court will be more likely to grant retroative support.

Lawyer Lori :

Please let me know if I can provide any other information.

Lawyer Lori and other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
ok, chat is not working at all. My daughter has never had any court orders, but she has a hearing in a few weeks. The father has never tried to avoid any court attempts to contact him.
Expert:  Lawyer Lori replied 4 years ago.
At that child support hearing, she may request retroactive to the date of the separation; however, it is most likely that the order will only go back as far as the date that she filed the child support action.
Customer: replied 4 years ago.
Ok then.. Do you know anything about signing custody of a child over? Or giving up rights? The father truly shows no intrest in the child.
Expert:  Lawyer Lori replied 4 years ago.

Termination of parental rights is difficult to accomplish unless the non-custodial parent consents to the termination and there is another father figure (step-parent) ready to step in and assume parental responsibility (especially financial). If the father is not ready to consent, it can still be accomplished; however, is more difficult and I would strongly recommend that she retain an attorney to help with the matter as she will need to show that the biological father has 'abandoned' the child (emotionally and financially).