My son is 5 years old. I split with his dad when he was about 2. From that his dad rarely seen him he never wanted anything to do with him. He has never paid child support.
His dad is now currently in jail serving time for drug dealing he has been in prison from october and due to be released in july.
He told his probation officer he had regular contact son which was a lie but was using it to go in his favour to potray his self as a family man. But he is due to be let out for 6 hours in a couple of weeks and has said that his solicitor says that he has rights to see him on? He is just using my son and i wont allow it! Also he is only allowed to a certain area which is two hours from my home and has said that his girlfriend will be the one that HAS to bring him down? My son barely knows her? Can anyone let me know what rights he has and what rights his girlfriend has to be driving my son on a two hour journey when she is a total stranger!
If you don't have child support set up, I'm assuming you also don't have a parenting plan, is that correct? If so, then you have no obligations to make your son available to see the father. If he signed an affidavit of paternity when your son was born, he can petition the court to establish a parenting plan at any time; if he didn't, he would first need to establish legal parentage and then get a parenting plan. If he does file for a parenting plan, you can ask the court for restrictions based on non-performance of parenting functions and absence of emotional ties with the child, and the court may order short and/or supervised visits to re-establish a relationship before he has significant residential time with the child.
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"his solicitor says". Few persons in the US call US attorneys solicitors.
This site is almost entirely about laws in the US. If your situation is not about US laws, you likely will not get much useful information here.
If your case in in WA, unless there is a parenting plan that provides that the father gets to see the son, you have no legal duty to release the son to the father or his girlfriend.
Few courts in WA would allow unsupervised parenting time for a parent serving time for dealing drugs.
If you are in WA, you should promptly review the specific facts with your attorney so that the appropriate court orders can be obtained.
I agree with prior counsel. Also, especially with a 5 year old, from the facts you post, you have no duty to allow father time without a court order setting out that duty; and no duty to allow his girlfriend (a stranger) to take your son and transport him anywhere without a court order telling you that you have to do this. Again, from the facts you post I would think he'd have a hard time getting any residential time.
Also, child support and parenting are separate things; even a deadbeat father can have residential time with a child.
if there is a Parenting Plan or residential custody order in place, you need to follow it unless your son would be in danger.
You may want to buy an hour of lawyer time and get more in depth answers form someone who can get all of the facts from you.
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