Can they grant a non-custodial parent out of state visitation

Question

Okay. My son is two years old. His biological father has been denying him since the day he was born. There was never a paternity test done, because I simply cannot afford it, and he has so far refused to pay for one. He now says that he wants to know whether or not Gianni is his, so that he can have his rights as a father to him. The man hasn't spent more than twenty minutes with him since he was born, and I just recently learned that he moved to South Carolina. We live in Colorado, with the possibility of moving back home to Jersey. Anyway, what I really want to know is, if a judge can grant him visitation, even though he lives across the country. And how that would work, since he's only two. He obviously cant' fly alone. A friend of mine told me about 'residential custody', where the non-custodial parent cannot take the child out of state without the custodial parent's consent. I looked it up, but I couldn't find anything on the subject. Can someone please shed some light on my ordeal?

Answer 1

Judges deal with this all the time.  yes the can order visitation.  In most cases, it will be his responsibility to come to the child and visit in your town, or to fly in, pick up the baby and fly home, and then bring the baby back.  If he can't afford it, tough.  Once the child is old enough that could change.  

Answer 2

Judges make this decision. To try getting custody, he will also be paying Child Support if he isn't already. Your friend is incorrect since a judge could grant visitation and this would be the only permission needed. It is not likely though. At that age, the judge would probably, at most, grant visitation where the Father would need to come to your area for visitation. Later, he may be granted out of State visitation where the two of you have to make the travel arrangements. This could include summer long visitation.

Answer 3

The first thing the "alleged father" is going to have to do is go to court and request a genetic test.  Good news for you, if he is the father he will have to pay for it.  He can then request to have his name put on the birth certificate, and will legally be established as the biological parent.

Then there will be an evaluation to determine child support amounts.  He can then request visitation at that time.  However, once a judge sees that he hasn't been involved and lives out of state the visitation will be hard to determine.  Firstly, they will more than likely do supervised one hour visits to get your son to get to know him as a father in your state.  Then of course as the child gets older and assuming all visits and attempts at involvement have been present, they may allow him to take the child out of state.  Just remember this process can take years.  Especially if the father screws up by not visiting or being "involved."

Answer 4

Well since paternity hasn't been established then he has no rights..None at all. And unless he has the money to take you to court to establish paternity especially when he is in another state then I wouldn't worry myself to much about his visitation until he can prove in the court of law that he is the father. Good luck with everything!

Answer 5

Under normal conditions out of state visits are common with the parent either going to get the child and returning him, or making arrangements with the mother to do so.

In your case, it is unlikely.  I assume he is not paying child support.  That means he has abandoned the child.  Even if he established paternity no sane judge would send a two year out of state with a stranger who has never shown any love or interest in the child.  In addition he would have to begin paying child support. which he obviously doesn't want to pay.  I don't think you have anything to worry about.

Answer 6

If it has been two years and he hasn't really been involved then you should not worry unless the judge is crazy then he doesn't have a chance. But if he had  been in yours sons life then yes it could happen i have seen a similiar situation before where the father came to visit every other six weeks for one week and then every other 6 weeks she got to go back home with him for a week but he was rquired to pick up and drop off.....

Answer 7

This is what I have learned when it comes to parents rights:

Have you requested Child Support from the court?

Did he sign the birth certificate?

If he wants to know if the child is his he can pay for the test.

Before all that other stuff can happen he will have to claim he paternity. He will have to file  his paternity in court where the child lives.

Technically, you have as much rights as the father if you do not file for legal custody of your child then the father can just take him and he does not need your permission. The child is not only your.  

As for the child's age there are a variety of option you have if the court declares that the father has rights. Some options are you can fly with him one way and the father can return him. The airlines have options on child care on their flight, you have to check with each airlines.

I think you should talk to an attorney and find what to take care of first with the legalities of your child. The flying is the least of your problems at this point.

One more thing, check with the Superior Court in your community and learn what is on the Paternity document you will need, look under family law. The more comfortable you are with the documents the easier it will be to talk to an attorney. And, if you do not understand what the attorney is saying ask him to repeat it. Don't get hurt by not knowing the law.

Answer 8

  Did his father sign the birth certificate.  Sure, go ahead, get the paternity test...if he will pay for it.  And tell him you would like some child support too, retroactive back to the day your son was born.  Maybe he won't be so willing to part with his money.Even if he is his father, a judge would not let him have unsupervised visitation at that age and knowing he lives out of state.  Also because your son would not feel comfortable with him as he has only seen him once.  If he cannot afford the test or the child support, I guess it must not be his son.