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If the baby is living in a different state than the father, do we have to go to that state to file visitation paperwork or can we do it in our own state?

We started filing paperwork in court for visitations, and the baby's mother told us that where the baby lives in Delaware and we live in NH, we have to file the paperwork in Delaware not NH. Is this true?

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Asked by SNKMillers at 7:01 PM on Jul. 20, 2010 in Babies (0-12 months)

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Answers (6)
  • I **think** you have to go to the fathers state.

    DSS is here with us in California, and if BM wanted to change that she would have to come here to file.

    Answer by outstandingLove at 7:04 PM on Jul. 20, 2010

  • It should be done in the state that the custodial parent and child live in. You may have to have an address, a driver's license, etc to prove you are a citizen of that state. Be careful with visitation across state lines, everything goes fuzzy once the child leaves his/her home state.


    Answer by Joeygoat at 7:05 PM on Jul. 20, 2010

  • The baby was born in NH, and the mother and baby both live in Delaware, and me and the baby's father live here in NH. When we started the court proceedings, they didnt tell us we had to go to Delaware and we told the court where she lives. I think she's lying about us having to go to Delaware to file.

    Comment by SNKMillers (original poster) at 7:06 PM on Jul. 20, 2010

  • When we were dealing with the courts on our grandkids. bio Mother and Dad lived in CA, kids were here in Texas with us. All paperwork had to be filed in the kids permanent home state (Texas) by then. Call your courthouse and ask.

    Answer by GrnEyedGrandma at 7:23 PM on Jul. 20, 2010

  • In general, the state where the baby resides is where jurisdiction will be. If the baby resides with the mother, then that's where the initial paperwork needs to be filed regarding custody and visitation. If there was an initial court hearing to determine custody, then the court that originally issued the orders retains jurisdiction until someone files to change it.

    Answer by LittleD96 at 7:43 PM on Jul. 20, 2010

  • You don't have to leave state at all. By law you can file child custody/ visitation paper work in the state that the child resides in. The father would be told he had to come to you for court hearings and such.

    Answer by tink0922 at 3:02 AM on Jul. 22, 2010

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