my sons dad pays child support but has never seen him he lives in another state,can he get any kind of visitation considering we broke it off before i had the baby and i moved far away?how would that work considering im in new york and hes in georgia??
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Lacye - posted on 07/27/2013
I'm speaking from experience. When my husband took his ex to court because she refused to allow him to have anything to do with his daughter (I know that's not the situation here), the judge granted him legal joint custody partly because my husband had been paying child support since SD was born and was current with his child support.
Dove - posted on 07/27/2013
Like the other ladies have said... if he pursues visitation he will get it unless he is a proven danger to the child (and then he could still get supervised visitation).
And like Jodi said.... visitation has nothing to do with child support. My ex pays no child support and the only thing that kept him from getting joint custody when we were in court is that he lives too far away.
No one can tell you exactly what visitation would look like in your situation.... he could have to come to you to see your son... you could have to send him to see his father... etc... There are too many different variables to consider.
Michelle - posted on 07/26/2013
In short yes. Your son and his Father have every right to have a relationship regardless of you moving away or the Father paying support.
I would imagine the courts (depending on the age of your son) would order something along the lines of both of you being responsible for travel expenses. Whether it's your son visiting his Dad or his Dad coming to visit his son. It may even be that you have to travel with your son to take him to visit his Dad.
You would be better off finding a lawyer that has dealt with interstate custody agreements and see what usually happens.
Jodi - posted on 07/26/2013
If he wants visitation, and applies for it, he will probably get it. How much he gets and how it works will depend on the age of the child. However, I disagree with the other poster about the child support - child support and visitation are two totally separate issues. The courts will not look at a case and treat a child as a commodity that needs to be paid for, nor do they treat visitation as something that needs to be paid for. The fact is, this child has a basic human right to know its father. That's what the courts begin with, not whether he has made payments or not.
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