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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33747
Experience:  Began practicing law in 1992
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My daughter is 7, her father has been out of the picture the

Customer Question

My daughter is 7, her father has been out of the picture the whole time. He wants to come back into the picture and even keeps harassing me about it. He has never bothered with a dna test and just threatened to do one and go through court even though I've taken care of my daughter with no help from him. What are the legal rights in this situation?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
After 7 years of him not being in the picture can he come back and force a dna test and take me to court?
Expert:  Dwayne B. replied 1 year ago.

Unfortunately, yes, almost certainly. The state's (and the court's) concern is with the "best interest of the child" and it still operates off the notion that the best interest of the child includes two parents including the duty of providing support.

However, it does not mean that he will automatically get full visitation, etc. Normally in cases like this there is an extended period of time, often supervised by a neutral party, in which the child can get to know him before he is allowed to have access like a parent who has been there all along.

The court will look at all factors, including whether he tried to have any contact over the years, etc, in determining how to structure the visitation plus he will have to start paying child support and if the child received any public assistance over the years the state will likely go after him for that as well.

In addition, many times the fathers don't actually exercise visitation after this long. They may go through the court proceedings and be awarded visitation privileges of some type but then they fade out of the picture again other than paying the child support.

Please ask any follow up questions that you have in this thread.

Customer: replied 1 year ago.
He has never tried to contact her before this. He had 2 more kids and lost visitations to those because he has a cdv and sex offender charges. If I was to not want to allow visitations would that be possible?
Expert:  Dwayne B. replied 1 year ago.

The court will consider all factors but your wishes will rank pretty low on the list because almost all moms in similar situations will say they don't want the father to have any visitation.

On the other hand, the sex offender charges will rank EXTREMELY high on the list of reasons to limit or deny access to the child.

What you may want to consider is going to a local lawyer and talking to them about taking the aggressive approach and you bringing an action for paternity and then not addressing what you prefer, or addressing it very little, but focusing on the sex offender conviction since that is such a big deal. That usually sets a better tone with the judges and they are more likely to lean toward your side.

The fact that he has other kids and lost visitation will also be a large factor with the judge.

Expert:  Dwayne B. replied 1 year ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.