Riddle me this Batman

[nebraskafan]

What is the name of your state (only U.S. law)? VA

My daughter is 10 years old. For six of the ten years her father was in jail, then we lived together for two years and have been broken up for two years. This summer, he sued me for visitation of my daughter including joint legal custody. What I am fighting to understand is how the court allowed this when he has never been declared her father. He is not on the birth certificate and never signed an Acknowledgement of Paternity.

In addition, he has never paid child support - how do I get that with out the above? They say I have to have paternity verified before he has to pay me squat. (But he gets visitation?) Confused here. Any advice welcome. Thanks in advance!

 

[Isis1]

What is the name of your state (only U.S. law)? VA

My daughter is 10 years old. For six of the ten years her father was in jail, then we lived together for two years and have been broken up for two years. This summer, he sued me for visitation of my daughter including joint legal custody. What I am fighting to understand is how the court allowed this when he has never been declared her father. He is not on the birth certificate and never signed an Acknowledgement of Paternity.

In addition, he has never paid child support - how do I get that with out the above? They say I have to have paternity verified before he has to pay me squat. (But he gets visitation?) Confused here. Any advice welcome. Thanks in advance!

who is they?

 

[nebraskafan]

"They" is the Department of Child Support Enforcement....

 

[stealth2]

Has the court actually ruled, or has he just filed? Your post isn't really too clear on what the actual status of your situation is.

 

[nextwife]

So when he sued for visitation, did you challenge the request of the basis of paternity? Are you claiming he is NOT the father?

 

[nebraskafan]

Thanks -

Sorry for being unclear in my post. Yes, the court has given him visitation; every other weekend, 1 week in the summer. I don't mind this nor am I trying to deny that he is her father. What I don't understand is how he can get visitation without AOP while I have to have an AOP in order to obtain a child support order. It just seems a little odd to me that I would have to jump through hoops to get an order established while he breezed into court and got visitiation.

If I have to go get an AOP, then I will. It just seems to be backwards.

 

[stealth2]

How does the visitation order refer to him?

 

[nebraskafan]

Refers to him as father. Reasonable visitation to father XXX and to include every other weekend, etc.

 

[truebluemd]

did you show up for the hearing when visitation was ordered? I dont see a court awarding visitation to a person who has not established paternity.

 

[Ohiogal]

Refers to him as father. Reasonable visitation to father XXX and to include every other weekend, etc.

Hence the court found him to be father based on the fact that he swore to it in open court.

 

[nebraskafan]

Yes, I did go to court. Caveat was that as he was not helping support the my daughter, he could afford an attorney while I could not.

 

[Ohiogal]

did you show up for the hearing when visitation was ordered? I dont see a court awarding visitation to a person who has not established paternity.

You can also establish paternity in some places by admitting to it in open court under oath that you are the father.

 

[Ohiogal]

Yes, I did go to court. Caveat was that as he was not helping support the my daughter, he could afford an attorney while I could not.

Did you argue that he was NOT the father? As for support, that is different than visitation. You need to sue in court for child support if CSEA will NOT take as proof the court's order recognizing him as the legal father.

 

[nebraskafan]

Thanks Ohiogal - wouldn't this be sufficient then for the DCSE? Why would I need another AOP if the court recognized him as her father? I am a single working mother and can't afford to take off all of this timee to recreate the wheel. If I can cut out setps, that would be helpful & since he is already declared father by the court, this should work for DCSE, right?

 

[nebraskafan]

Did you argue that he was NOT the father? As for support, that is different than visitation. You need to sue in court for child support if CSEA will NOT take as proof the court's order recognizing him as the legal father.

No, I didn't. He is her father..I didn't want to make the process any more contenious that it has been.

So, I'll go back to DCSE and expain that the court legally views him as her father and the order should be recognized as proof of paterninty. If they still refuse, I will file for support through the court.

Thank you for your help.