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What right's do father's really have?

My fiance has a two year old daughter with his previous girlfriend. They had been broken up about 6 mo. when we began dating, when she found out she packed and moved a hundred miles away. He has kept in contact with her but has to keep our relationship a secret from his ex or she will cut off all ties with him and not allow him to speak or have any contact with his daughter. She allows him to come see his daughter and stay with them but he has never been allowed to take her overnight or for the weekend. He sends them money whenever she calls and says his daughter needs anything, but there has never been any court appointed child support until recently. He has no problem paying this but we are curious if this means that he has visitation rights as a result. He is a wonderful father and just wants to be a part of his little girl's life,we don't have the income to pay for court and lawyer fees but something has to be done.

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Asked by Anonymous at 9:07 PM on Aug. 31, 2010 in General Parenting

Answers (9)
  • if he is court ordered to pay child support he can have visitaion she can not refuse to let him see his dd even if he doesn't pay cs

    Answer by msh88 at 9:13 PM on Aug. 31, 2010

  • Child support does not equal visitation. They are two completely seperate things. He needs to go to court and petition to get visitation.

    Good luck

    Answer by colethky at 9:15 PM on Aug. 31, 2010

  • He can get visitation, but he has to go to court to have it set up. You don't have to hire an attorney, just call the local family courts and ask them how to go about it. Someone there should help you. Once it's set up in the court, she can't refuse to let him see her.

    Answer by missanc at 9:15 PM on Aug. 31, 2010

  • She is trying to receive state cash assistance, claiming that she has a child so she cannot work. When she did this, she gave the department of human services his information and they chose to come after him for child support. This is what I've been told.

    Answer by freibel at 9:17 PM on Aug. 31, 2010

  • Going to court isn't gonna cost you much maybe $50 to file for child visitation. He needs to go to the family court house first thing tomorrow morning. She is playing him for a fool, he has every right to have his child over night and what not and also have a girlfriend (YOU) so get to the cout house and get to the bottom of this right away. GL with everything.

    Answer by raemommy at 9:18 PM on Aug. 31, 2010

  • He needs to get a lawyer now. I know that if they were married that her running off with the kid WOULD be kidnapping. I don't know if that's the same case since they're not together. However, he should definately check that out. He deserves visitation rights, so he needs to contact a lawyer and get a court appointed custody agreement.

    Answer by JazzlikeMraz at 9:22 PM on Aug. 31, 2010

  • I agree with most, child support and visitation are two totally different things. The judges/justices will give the father visitation time (especially since he is showing interest in and has remained a part of his little girls life). Unfortunately, your boyfriend has to obtain a lawyer. If he has proof that he was giving the mother money, they can credit that towards whatever he would be ordered to pay. Good luck. I know first hand that this is a very touchy subject.

    Answer by ladycertz at 9:55 PM on Aug. 31, 2010

  • Child support and visitation are 2 different cases. He needs to get an attorney and fight for his rights to vistiation and custody. He may NOT get credit for what he was sending before the child support case went to court. Some states consider that a gift. As for the PA, you have to cooperate with child support in order to get ANY PA assistance and they will make her find a job.

    Answer by tyfry7496 at 10:08 PM on Aug. 31, 2010

  • So his "ex" girlfriend doesn't know about you, and he goes and stay with them? And he hasn't gone to court for visitation? Hmmm . . .

    Answer by Anonymous at 8:13 AM on Sep. 1, 2010

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