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can baby daddy get visitation with out paying support?

my baby's daddy did not want anything to do with her while i was pregnant but he is interested now. but he wants a paternity test and does not want to pay support. now he also wants visitations. I read father's can get visitation with out paying support. does anyone know if that is true? i think state by state is different. i am in new jersey and just recently moved to pa.

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Asked by Anonymous at 5:52 PM on May. 12, 2009 in Relationships

Answers (8)
  • visitation and support have nothing to do with one another. If there is a vistation order you can not withold visits because support hasn't been paid. He can take you back to court and get full custody. If you have a support order and he is paying, notify the courts. If you don't have either, get them as soon as possible.

    Answer by GrnEyedGrandma at 5:54 PM on May. 12, 2009

  • Well, some lawyers and judges will tell you that visitation and child support are two very different issues. As long as he's willing to get a paternity test, you can go after him for child support through child support enforcement. It makes their job much easier.


    Answer by legalmommy101 at 5:55 PM on May. 12, 2009

  • * should say if he is NOT paying.

    Answer by GrnEyedGrandma at 5:55 PM on May. 12, 2009

  • It might be a good idea to only get a paternity test done through the court. Fill out the paper work through child support enforcement and let them know he's a possible father and what date the court hearing will be set for so they can be there to collect his information once paternity is established. Good Luck to you.


    Answer by legalmommy101 at 6:00 PM on May. 12, 2009

  • Thank you. I have neither and he doesn;t want to go to court. he wants to weasal himself out of it. but he wants a paternity test yet he hasn;t made an effort to do it. so i will be presueing this on my own.

    Answer by Anonymous at 6:01 PM on May. 12, 2009

  • it's your child. Do what you think is proper but I wouldn't let him take the child away like over night or to another state until DNA test comes back. Once that is back then child support and regular visitation can begin. Until then just have him come visit with you there.

    Answer by admckenzie at 6:11 PM on May. 12, 2009

  • To protect yourself, you should go through the court for a paternity test. I know from experience that Child support and Visitation are two different issues, and even if he pays NO support and there is an order for visitation, YOU can get in trouble if you don't give him visitation. He will get in trouble for not paying support, if there is an order too, but just be careful. Its an ugly can of worms. Good Luck and I would suggest you do whats best for you and your baby first.

    Answer by mommyof3xy at 7:29 PM on May. 12, 2009

  • Unfortunatly , In some cases it doesn't matter whether he does or not only if in the case that it is court ordered visits. IF the asshole wants a paternity test let him . It will come out of his pocket. Then he would be incriminating himself cause it will show proof that he was the father and hasnt done anything in the well being of that child . Backed child support honey . It will catch up with him in the long run . The state that the child was born in is where the law will take in place . The law doesnt take to likely too dead beat baby makers. He may think that he's getting away with something but He wont . Good luck on this one and keep us updated.

    Answer by Anonymous at 1:22 PM on May. 14, 2009

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