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If bio father's name isn't on birth certificate but pays child support does he have visitation rights in the state of PA?

My daughter's father hasn't been apart of her entire life. He wasn't at her birth, his name isn't on her birth certificate, he hasn't even ever seen her in person. I have already set up child support, but does that mean he now has any visitation rights since he pays child support? I don't think he is going to push the issue since he has shown no interest in her, but I want to know in case he wants to fight me on it once he starts paying the child support.

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aubysmommy

Asked by aubysmommy at 8:50 AM on Aug. 9, 2013 in Babies (0-12 months)

Level 1 (3 Credits)
Answers (14)
  • CS and visitation are 2 separate things
    Having one doesn't necessarily allow the other
    butterflyblue19

    Answer by butterflyblue19 at 8:52 AM on Aug. 9, 2013

  • So if he wanted to see her he would have to file for it first then?
    aubysmommy

    Comment by aubysmommy (original poster) at 8:54 AM on Aug. 9, 2013

  • he has visitation rights until a judge says otherwise, but legally you're the custodial parent so until he takes you to court to enforce his rights, you have veto power when it comes to when and where the visitation occurs. child support has nothing to do with it.
    tnm786

    Answer by tnm786 at 8:55 AM on Aug. 9, 2013

  • Two separate issues, until he files for visitation you don't have to give him any.
    kmath

    Answer by kmath at 9:00 AM on Aug. 9, 2013

  • If he is paying Child support that means that paternity has been established correct? Which means he can fight for visitation rights, though you shouldn't be keeping him from seeing his child IF he shows an interest. If he doesn't well then that's his loss.
    KristiS11384

    Answer by KristiS11384 at 9:36 AM on Aug. 9, 2013

  • Like others said those are two separate things. If he want to push you for visitation. He will have to go to court for it.

    louise2

    Answer by louise2 at 9:37 AM on Aug. 9, 2013

  • He isn't showing any interest. Just asking in case he does once he starts paying child support. We are currently in the middle of setting that up. Paternity is being established but he is the only patient father and he knows he is the father but is being a jerk because I left him for being verbally abusive to me in the beginning months of my pregnancy. He never went to any appointments. He didn't even know the sex until after she was born when he saw a picture of her. And that's not because I kept out from him. He never wanted to know anything. He never even responded when I told him I had given birth. So therefore I don't think he'll fight me but just wanted to know what I was looking at if he changes his mind once he finally starts taking some responsibility for his child since he has never even bought anything for her except 4 20ct diapers before I left him.
    aubysmommy

    Comment by aubysmommy (original poster) at 9:45 AM on Aug. 9, 2013

  • Potential*
    aubysmommy

    Comment by aubysmommy (original poster) at 9:47 AM on Aug. 9, 2013

  • He will have to file to have a right to the visitation, but if he starts asking it would be in your best interest to allow him to come to your house to see her or meet him at a park or other public place on a regular basis. Should he go to court, then he wouldn't be able to claim you were keeping his child from him.
    missanc

    Answer by missanc at 9:50 AM on Aug. 9, 2013

  • In PA if the parents are unmarried, the mother has full custody UNTIL the father asserts his rights. IF he has not and does not get a court order then he has no legal right to visitation however if he has been in her life until you left him and was not harmful to her then you really have no reason other than spite to keep her from her father which of course is wrong.

    Tread carefully because if he takes you to court for visitation and you have been with holding her with out proof of it being harmful to her you could get a shocker, he is the father you say so, he could potentially turn the tables on you and get more than you are willing to agree too in the end.
    luvmygrandgirl

    Answer by luvmygrandgirl at 10:21 AM on Aug. 9, 2013

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