pays child support but never got visition rights

[netgirl1961]

What is the name of your state?

What is the name of your state? tn

my spouse pays child support for a child that he nevr got any visition right for in new york but the childs mother and him were never married. through the years he has tried to contact his child but the mother has made it diffcult. The mother would not even let him talk to her on the phone! He legally never went to try get visitation right because he could barley pay rent at the time when he was married to his first wife. We have been married for 4 yrs now, can he file for visitaion right in the state of tennessee even though his daughter resides in new york?, and or is there some way that he can offer the child a place to live with us thru the court, and how can we get proof that the child is still in school? He pays the child support dosent he have any right? The mother is beening very mean not letting the child have contact with her father.. please give us some help​

 

[LdiJ]

What is the name of your state?

What is the name of your state? tn

my spouse pays child support for a child that he nevr got any visition right for in new york but the childs mother and him were never married. through the years he has tried to contact his child but the mother has made it diffcult. The mother would not even let him talk to her on the phone! He legally never went to try get visitation right because he could barley pay rent at the time when he was married to his first wife. We have been married for 4 yrs now, can he file for visitaion right in the state of tennessee even though his daughter resides in new york?, and or is there some way that he can offer the child a place to live with us thru the court, and how can we get proof that the child is still in school? He pays the child support dosent he have any right? The mother is beening very mean not letting the child have contact with her father.. please give us some help​

He would have to file in NY. NY has jursidiction because that is the state of the child's residence.

 

[sirxamiel]

Unless you can prove that the child is in any danger, or is in an unstable enviroment, your chances of getting custody to get the child to live with you are very slim. Yes he has every right to see his child, but child support and visitation are two seperate issues in most states. It is federal law to pay child support. But visitation is a civil matter that the government has no juristiction over. Since the child resides in NY your spouse will have to contact an attorney in NY and file there. The only proof that you may obtain as far as the child being in school, is to contact the county where they reside in and call the schools. If she is not getting the child into school, then you wont have to worry about doing anything to her, the state will do something as it is federal law that a child be in school. The mother will be put through the ringer if she is keeping the child out of school. But if there is nothing in writing by a judge that your spouse has visitation, then there is nothing he can do as far as the mother letting him talk to his children. He has to establish visitation first by a judge, then if the mother wont comply, then he has every right to file petitions against her for contempt of court.

 

[Phnx02]

What is the name of your state?

What is the name of your state? tn

my spouse pays child support for a child that he nevr got any visition right for in new york but the childs mother and him were never married. through the years he has tried to contact his child but the mother has made it diffcult. The mother would not even let him talk to her on the phone! He legally never went to try get visitation right because he could barley pay rent at the time when he was married to his first wife. We have been married for 4 yrs now, can he file for visitaion right in the state of tennessee even though his daughter resides in new york?, and or is there some way that he can offer the child a place to live with us thru the court, and how can we get proof that the child is still in school? He pays the child support dosent he have any right? The mother is beening very mean not letting the child have contact with her father.. please give us some help​

Something is not right here. Generally, when CS is ordered, a visitation schedule is automatically set up at the same time. Private attorney or state agency....doesn't matter. It's not a matter of one being state or federal law and the other civil, thus, 2 different courts/2 different hearings. Yes, one is not dependant on the other in the eyes of the law, but usually visitation is addressed during the same hearing for CS. Kill 2 birds with one stone.

If your husband doesn't have visitation rights for a child he is already ordered to pay CS for......then something is amiss. He may not be telling you the whole truth. In any case, he needs to file for visitation in NY - where the child resides. If it's further determined he still doesn't have any visitation rights, he still has to pay CS. He is still financially responsible for the child until age of emancipation or until she is legally adopted by another.

 

[stealth2]

Something is not right here. Generally, when CS is ordered, a visitation schedule is automatically set up at the same time. Private attorney or state agency....doesn't matter.

Not quite right, Phnx02. It's up to the NCP to request that visitation be ordered. And if the NCP doesn't do so, it doesn't happen.