My son is 2 yrs old and his father has not been very involved in his life. He has never helped me with any child support, but would see him maybe once a month. A year ago, he was incarcerated for a DUI and was released early. He has been calling my phone repeatedly, I'm guessing to visit our son, but I haven't answered because I am unsure what to do. Everyone I know is telling me that I don't have to let him see our son, but despite the kind of unsupportive person he is, i feel that it is wrong not to let him see him. Currently, there is no order for child support or visitation. I feel like if I do allow him to visit, I do not want to allow him to take him anywhere because he had a DUI and makes poor choices. I just want to do the right thing. Any advice is much appreciated. Thanks so much.
I think your instincts as a mom are spot-on. Your child should have a relationship with his or her father, even if the father doesn't measure up to your friends'/family members' views of what a good father should be or do in order to have a relationship with his child. You need to understand that the issue of contact between your child and your child's father is and should be completely distinct from the issue of financial support that your child's father owes your child. To make sure your child (through you) receives the financial support that should be provided by the father, you should file a petition for child support in the Culpeper Juvenile and Domestic Relations District Court. When you file the petition, you can also file a petition for adjudication of your child's custody and visitation. By filing the petitions, you will ensure that there is a certain date for adjudication of all issues of child support, custody and visitation. But before that final adjudication, you can follow (and you should follow) whatever schedule you believe is in your child's best interest. You cannot go wrong if you figure out each step based on what you think is best for your child, rather than basing your decision on what your friends think you should do.
The information provided here does not create an attorney-client relationship between the attorney providing the information and the questioner. Moreover, the questioner should not rely on this answer but should instead obtain advice from an attorney who has the opportunity to review all relevant facts and all relevant court orders and pleadings before rendering the advice.
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