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question regarding visitation

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psubaby08

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


I had p osted previously abouy my odds of gettin custody of my daughter and the chances my ex fiancee who is in the marine corps. has of gettin her. I got very good response but i had couple other questions that i'm hopign someone with a military law background can answer for me. My fiancee has 2 more years on his military contract and right now we're agreein to me havin primary physical custody with reasonable visitation and joint legal custody. However, pending results of a DNA test( he is definitly the father) i have a feeling hes going to fight me. so my questions are

1) Given he is int he military and his leave times arent usually planned well in advance and very limited ability to get up to PA from NC base..what type of visitation schedule would there be if he forced me to go into court and get court appointed visitation? ( I must add in that our daughter is only 3 months old and the trip from here to where he is in NC is over 17 hours by car.) n i know typically PA its like few hours durin week n every other wknd but how does that work if hes in NC on military base and cant come up here? she is far far too young to travel that long of a distance n i have full time job n cant make that trip even halfway and neither can he due to work..plus what about when he deploys? can i have that visitation order taken away?

2) Would it be smart on my part to even put any type of custody order into writing? he knows he has no prayer of taking her to NC and he is agreein to send 600 in child support every month w/o contest. But I am wondering if it would even be worth it to put any custody agreement in place given fact he wont even be here and i cant see how they would establish visitation.????

3) He is claiming that the marine corps. is requiring him to take a DNA test before he can sign any document agreein to pay child support or agree to a custody agreement and that he can tjust sign the Acknowledgement of Paternity form and go that way n keep this out of court....is this true or is he just lying to me?

thankyou for any advice given.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania


I had p osted previously abouy my odds of gettin custody of my daughter and the chances my ex fiancee who is in the marine corps. has of gettin her. I got very good response but i had couple other questions that i'm hopign someone with a military law background can answer for me. My fiancee has 2 more years on his military contract and right now we're agreein to me havin primary physical custody with reasonable visitation and joint legal custody. However, pending results of a DNA test( he is definitly the father) i have a feeling hes going to fight me. so my questions are

1) Given he is int he military and his leave times arent usually planned well in advance and very limited ability to get up to PA from NC base..what type of visitation schedule would there be if he forced me to go into court and get court appointed visitation? ( I must add in that our daughter is only 3 months old and the trip from here to where he is in NC is over 17 hours by car.) n i know typically PA its like few hours durin week n every other wknd but how does that work if hes in NC on military base and cant come up here? she is far far too young to travel that long of a distance n i have full time job n cant make that trip even halfway and neither can he due to work..plus what about when he deploys? can i have that visitation order taken away?

Its honestly difficult to tell what kind of visitation schedule a judge would order under those circumstances. Most likely he would have to come to your area to visit (particularly if you emphasize that all of his family is also in the area), but the judge may get creative with the order, since a set schedule may not be possible.

2) Would it be smart on my part to even put any type of custody order into writing? he knows he has no prayer of taking her to NC and he is agreein to send 600 in child support every month w/o contest. But I am wondering if it would even be worth it to put any custody agreement in place given fact he wont even be here and i cant see how they would establish visitation.????

Custody and child support are not enforceable unless signed off on by a judge. So, yes, it needs to be in writing and it needs a judge's signature.

3) He is claiming that the marine corps. is requiring him to take a DNA test before he can sign any document agreein to pay child support or agree to a custody agreement and that he can tjust sign the Acknowledgement of Paternity form and go that way n keep this out of court....is this true or is he just lying to me?

thankyou for any advice given.

He is lying to you. Its possible that they are urging him to get a DNA test (which anyone here would urge him to do as well, to be certain) but they cannot require him to do so.
 

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