Domestic Violence

questions & answers

Question: I have a 3 year old son and his father and i are separated for a year and 5 months. I also have a domestic abuse protection order against my son's father, my question is.. can I apply for child support with no visitation? and also do I still have to face him in court for child support?

Answer: The family court will not usually permit a parent to demand child support, while at the same time preventing any hearing on the issue of legal decision-making and parenting time. You can ask the court to deny or restrict parenting time (and grant you sole decision-making) because of family violence, other criminal behavior, substance abuse, mental illness or other serious considerations ... but you can't prevent the discussion from ever occurring just because you don't want to deal with him. And, yes, the court would probably ask you to appear in person for support hearings. With an OOP in effect, you can ask for security precautions, such as asking the court to make him wait in the courtroom while you walk to your car. But you can't dodge him altogether. He has the right to be heard on your demand for child support.

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QUESTIONS

  • I have a 3 year old son and his father and i are separated for a year and 5 months. I also have a domestic abuse protection order against my son's father, my question is.. can I apply for child support with no visitation? and also do I still have to face him in court for child support?

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