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Old 02-09-2008, 12:32 AM
mel615 mel615 is offline
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Default need help with child support and visitation of step child

i have 2 kids one from a previous relaionship and one with soon to be ex. my question is when it comes to child support does ex only pay for the one that is his? we met when my oldest was 2 and we are not married and have a two year old together. (my oldest is now six) my oldest has never met her father he's never paid a dime infact he took off when i was pregnant. My other question is when it comes to visitation, can my soon to be ex request to only see his kid and not my oldest too? i couldn't bear the thought of putting her through that it would crush her!, but the relationship is not working out! Please help!
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Old 02-09-2008, 08:15 PM
logicalvelocity logicalvelocity is offline
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mel615,

For the court to find the individual for support of a child other than their own, you have the heavy onus to prove that the individual acted as a parent to said child. Some typical examples of questions to ask yourself are:

Did the child address the individual as Dad?

Did the individual attend the child's medical appointments?

Did the individual transport the child to extra curricular activities?

Did the individual care for the child in times of sickness?

Did the individual attend parent teacher meetings?

Did the individual care for the child in your absence?

If "yes" is the answer to the above questions, I have a tendency to believe that they may have acted as a parent to said child.

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My other question is when it comes to visitation, can my soon to be ex request to only see his kid and not my oldest too? i couldn't bear the thought of putting her through that it would crush her!, but the relationship is not working out! Please help!
Sad but true; there is no law to compel a parent to be a parent to their own child. Having said that, hopefully the individual will continue a relationship with both children.

lv
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Old 02-12-2008, 11:26 AM
dickstacie dickstacie is offline
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LV, i read your points above...what if I can answer "NO" to all of the above about my son's actual father? Yeah, we have "joint" custody..but the other parent doesn't do ANYTHING a parent should do.
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Old 02-12-2008, 12:26 PM
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I think LV meant that, if you can prove the points with the person acting in place of the bio-father to the eldest, then you may (heavy onus here, as LV mentioned) have a claim for support for the oldest as well
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