Hello, I have a question to ask: can the father of my children can get the right to get partial custody of them if he asks for it even though he has not seen them for nine years, and he is illegally here in the United States.? So recently I have file child support on my ex and the letter came in saying I have opened the case and now he has threatened me he is going to get a lawyer and if he does pay child support he wants the rights to see the kids on their vacation and stay with him every other weekend and also to have a letter saying I can let him have the girls go out of state to visit family and stuff, and I just want to know if there is any advice on what I can do? I am legal here since I was born in the U.S, but I want to know what I should do? And it is my first time I have to go through this. Thanks
Well why can’t he have visitation?
uhm no. he’s threatening you because he knows you’ll let him.
The long and short of it is yes, he can petition to have joint custody
Hes the father. He can get visitation with the kids. If you request child support he will have rights. He has not seen children in 9 years and u never bothered to file for abandonment?
Just because your a US Citizen doesn’t make you a better parent. He can get partial custody because he is the father. You can’t just collect child support and keep him from his kids.
I highly doubt they’ll just let him have access to the kids right away. They are his kids too though, but think about it, if he hasnt spent any time with them in 9 years I doubt he’ll start now.
if he is here illegally, i would think him going to court for any reason may not be a good idea. child support and visitation are 2 different things and the court doesnt do both at the sametime. the most he will get is a few days of visits but no out of state. as to the child support, that is based on his and your income and has nothing to with visits
Child support and custody are 2 different things. Technically he could file for visitation thru the court but seeing how he hasn’t yet in 9 years it’s probably him talking crap. Also being in US illegally it wouldnt be the easiest decision to go to court because ICE could pick him up
What state are you in? No judge is gonna give him custody just off the bat. There is no relationship. He does have rights, but not just like that
He has an “anchor baby” he can absolutely get custody. May have a few hours of visits to start, but definitely has a chance to see his kids.
They’re his kids too, he should be able to see them when ever just like you. Unless the parent is abusive in some form I see no reason why any child should be kept from their parent. Also, child support has nothing at all to do with custody and visitation. Those two cases will be handled separately, if he brings up visitation at a child support hearing theyll felt out tell him that he needs to go file and if you do the same or reverse, theyll tell you its irrelevant.
So you want him to support the kids but not with him getting them on weekends or vacations? So only as it benefits you?
GIVE HIM VISITS! You both made they kids.
get a lawyer. He is the father, he has the right to his kids, especially if you want him to pay child support. As for taken them out of state, that is why you have a lawyer
If he hasnt seen them in 9 yrs then why didnt you file for child support 9 yrs ago? And if he hasnt seen them in that long do you really think him paying will change anything?
Child support, custody and visitation are all different things through different agencies.
Taking them out of state would be a hard/firm no for me unless he lives out of state and even then I would ask visits be supervised at first then over nights at a motel or something work to out of state.
You are actually asking about custody, and going thru court proceedings for someone who’s here illegally? This is gonna be mean but are you stupid? They use socials to track employment. He’s gonna get deported and you sound bitter. Why have multiple kids with him and wait 9 years to go after support? Why not help him file amnesty so he can be here legally?
Fathers do have rights
So, you want him to pay, but not to see him? Sounds legit.
What I would do in your shoes is request the courts appoint a Guardian Ad Litem to the children. Also, I would not sign anything giving permission for him to take them anywhere and I would put their documents (birth certificate, SSN cards) in a bank box so that if he were to come into your house he can’t take them. They all do this (the absent dads) in hopes they can get out of child support. I would also request that child support is garnished. You need to make sure you get yourself a lawyer too.