Father isnt on birth certificate. Child is almost 3. Father refuses to acknowledge that he helped create this child, to the other two mothers of his children.
Back story: dad has a teenager he shares custody of (which isnt going well), two children with another woman, but he only sees them every couple of weeks. Has another child he isnt aware of due to abuse that mother witnessed with all the children before she found out she was pregnant. Plus the mother of the 3 year old that the father knows about and hasnt seen since the child was 1 month old if that.
Mother of the young child wants to put Father on child support.
What are the chances he will get any kind of visitation? He refuses to discuss anything about this child with anyone as if this child doesnt exhist. Oldest and youngest did a half sibling DNA test and it came back 99.99%. Also Father has 11 cps reports against him where all they did was therapy for about two months (maybe 3 visits) and said it was fine.
Your question touches on several important legal principles. First, the legal status of a father not on the birth certificate is a significant factor. Second, the question of visitation is separate from child support, though they are related. Based on general family law principles in the United States, here is a detailed analysis.
### The Father's Current Legal Status
Before any legal rights or obligations exist, the father must be legally recognized as the father. This typically requires either:
* Signing the birth certificate or an Acknowledgment of Paternity form at the hospital.
* A court order establishing paternity (usually through genetic testing).
**Crucially, without a court order establishing paternity, the father generally has no legal rights to custody or visitation, and no obligation to pay child support.**.
In your case, since the father is not on the birth certificate and has refused to acknowledge paternity, he currently has **no legal rights** to your child.
### Child Support: Can You Seek It?
The mother can seek child support from the father, but she must first establish paternity. This typically involves filing a petition with the court to legally determine paternity. Once paternity is established, the court can order child support based on the father's income and other relevant factors, regardless of his other children or relationship with them.
**Key Point:** The existence of other children, a history of CPS reports, and his refusal to acknowledge this child could be relevant factors in calculating child support and in any visitation determination.
### Visitation: Will He Get It?
This is the core of your question. The general rule across most U.S. jurisdictions is that **child support and visitation are considered separate legal matters.** A parent's failure to pay child support is generally not a valid reason to deny visitation, and a parent's refusal to allow visitation is generally not a valid reason to stop paying child support..
Given this principle, if the father establishes paternity, he could theoretically petition the court for visitation.
#### Factors That Will Weigh Against Him Receiving Unsupervised Visitation
Based on the circumstances you described, a court is likely to consider several factors that would **significantly reduce** the likelihood of him receiving unsupervised, let alone overnight, visitation:
* **History of Domestic Violence and Abuse**: This is a paramount factor. Your mention of abuse towards other mothers and children is highly relevant. Courts prioritize the safety and well-being of the child.
* **Multiple CPS Reports**: A history of 11 CPS reports, even if they did not result in severe findings, is a major red flag. It indicates a pattern of concerning behavior that the court will scrutinize closely.
* **Failure to Acknowledge the Child**: His refusal to acknowledge paternity or discuss the child demonstrates a lack of commitment and interest in the child's life. This weighs heavily against any claim for visitation.
* **Lack of Relationship**: He has not seen the child since the child was about one month old. A three-year gap without contact is a significant factor.
* **The Best Interest of the Child**: Ultimately, all custody and visitation determinations are governed by the "best interest of the child" standard. A court would be very hesitant to place a young child with a parent who has a documented history of abuse, multiple CPS reports, and who has shown no interest in the child's life for three years.
#### How the Process Would Likely Unfold If He Files
If the father were to file a petition for visitation, the court would first order genetic testing to establish paternity. Once paternity is confirmed, the court would then consider his request for visitation.
Given the factors above, the court would likely:
1. **Order a Custody Evaluation**: This is a common step in high-conflict cases. A neutral psychologist would evaluate both parents, the child, and the home environments. This evaluation would heavily influence the court's decision.
2. **Grant Only Supervised Visitation**: If any visitation is granted, it would almost certainly be supervised visitation at a supervised visitation center for a significant period. This is to ensure the child's safety.
3. **Require the Father to Complete Services**: The court would likely order the father to complete parenting classes, anger management, and any recommended therapy as a condition of progressing to unsupervised visitation.
4. **Consider the CPS Reports**: The court would obtain records from the 11 CPS investigations. While they may have been closed, they provide a factual record of his past behavior.
5. **Give Significant Weight to the Other Mothers' Testimony**: The court could allow testimony from the other mothers regarding his abuse and neglect.
### Key Takeaways for You
1. **Your Position is Strong**: The father currently has no legal rights. The burden is on him to establish paternity and then to prove that visitation is in the child's best interest.
2. **Focus on Safety**: Your primary argument in any court proceeding should be the safety and well-being of the child. Document the abuse you witnessed, the CPS reports, and his lack of involvement.
3. **You Can Seek Child Support**: You can and should file a petition to establish paternity and seek child support. This can be done through your local child support enforcement agency, often at no cost to you.
4. **Document Everything**: Keep detailed records of his refusal to acknowledge the child, any attempts he has made to contact you, and any relevant communications.
5. **Consult an Attorney**: While you may be able to handle some parts of the process yourself, consulting with a family law attorney is highly advisable, especially given the complexity of the issues.
**Disclaimer: I am not a lawyer. This does not constitute legal advice but rather a personal opinion based on general information. Laws vary by jurisdiction, and you should consult with a qualified attorney for advice on your specific situation.**
Join our community for support: https://www.facebook.com/groups/894126436968337/
For the cost of a cup of coffee you can help keep my effort going. If you found this research helpful please consider donating. https://www.paypal.com/donate/?business=BT3JB75NCFCJG&no_recurring=0&item_name=For+the+cost+of+a+cup+of+coffee+you+can+help+keep+my+effort+going.+If+you+found+this+research+beneficiary+please+help+donating.¤cy_code=USD