My fiance has a son (he's five) with his ex-girlfriend. He lives in Florida and she in New Mexico. There has never been any court orders for child support or custody rights. She has just filed for child support. Will that allow him to have court orderd vistitation?
2006-11-08 07:51:54 · 11 answers · asked by dumbblond 3 in Family & Relationships ➔ Marriage & Divorce
It will if he requests visitation. As long as he is paying support he has rights, no support no rights.
2006-11-08 07:54:34 · answer #1 · answered by HereweGO 5 · 0⤊ 2⤋
nO!
child support is ordered through the child services court. way different then the family court.
he needs to go New Mexico and file for Custody and Visitation at the family court in the county where his son resides. this will get him visitation and a schedule which the ex will have to follow.
2006-11-08 08:00:02 · answer #2 · answered by Bella 5 · 0⤊ 0⤋
Not really...court ordered visitations are usually determined through custody hearings. If she's not allowing him to come visit you guys then he should totally try for some kind of custody since she's now asking for support. Where in Florida? The reason I'm asking, I work for my father who is a lawyer in Tampa. Feel free to e-mail me at lecuyer@insdef.com for more advice. Also, if you're elsewhere and decide to bring a lawyer in, we can recommend someone. We have offices in other locations on this side of Florida.
2006-11-08 07:58:49 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Most of the time child custody and child support are 2 seperate issues, but some states when no attorneys are involved just child support services, child custody may be discussed when child support is ordered.
2006-11-08 07:56:26 · answer #4 · answered by Premo Mom 5 · 0⤊ 0⤋
most likely. and they have also passed a law that says even without paying support the other parent has a right to see the child unless the right has previously been revoked by the court. so the first answer about no support no visitation or whatever is absolutely incorrect.
2006-11-08 08:44:00 · answer #5 · answered by spacey 3 · 0⤊ 0⤋
As a single mother, she automatically has full custody. If your son wants to have visitation with his child, he needs to petition the courts for a ruling.
2014-11-28 18:24:35 · answer #6 · answered by Liz 7 · 0⤊ 0⤋
im wondering why he hasnt tryed to get visitation earlier...why try for it now just because she is trying to get child support...If he really loved his son, he would have tryed years ago. But the answer to your question is yes, he can try and get visitation at anytime...it is his son to, and he does have the right to see him...kind of makes it hard when you guys are living in two different citys tho. But I have a 5 year old daughter whos dad lives 4 hours away, he rings, he emails, he travels down when he can and they talk to each other on the wab cam. He should talk to his ex and try and get some kind of agreement and way for him to keep in contact.
2006-11-08 07:59:22 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Prove that it's his son first, and then you better find a attorney to help you with this. Don't go it alone, this much I know. There are laws that protect her and him both and the system could careless about either of the two of them. Why is she just now coming after him? Sounds a bit fishy...Good luck!
2006-11-08 07:56:30 · answer #8 · answered by crackerz_in_bed 2 · 0⤊ 0⤋
Yes if he wants visitation he needs to make that clear to the court, and he will get it
2006-11-08 07:56:51 · answer #9 · answered by magnolia_76 6 · 1⤊ 0⤋
No,it just means that he will be paying child support.
2006-11-08 15:04:50 · answer #10 · answered by Willnotlietoyou 5 · 0⤊ 0⤋