Suing for Paternity, Visitation and Support

[missflo]

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

My niece has been raising her 7 year old daughter without any support and only occasional (maybe 10 days a year) visits from the father when he comes from Texas, (where he has been living for the last 3 years) to see his daughter.
The parents are not married and my niece, finally, filed with the court to establish paternity, custody, visitation and support. The father received the summons but has not yet responded to the courts. He did however, contact my niece and threaten her because she had taken the child out of state (they went on a short trip to California for Spring Break) Since she has been raising the child by herself, here in New Mexico and no custody or visitation issues have previously been addressed, doesn't she have that right until the courts say otherwise? Also, if he does not respond within the alotted 30 days to the summons, wouldn't she be in a position to get sole custody simply by default?

 

[Isis1]

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

My niece has been raising her 7 year old daughter without any support and only occasional (maybe 10 days a year) visits from the father when he comes from Texas, (where he has been living for the last 3 years) to see his daughter.
The parents are not married and my niece, finally, filed with the court to establish paternity, custody, visitation and support. The father received the summons but has not yet responded to the courts. He did however, contact my niece and threaten her because she had taken the child out of state (they went on a short trip to California for Spring Break) Since she has been raising the child by herself, here in New Mexico and no custody or visitation issues have previously been addressed, doesn't she have that right until the courts say otherwise? Also, if he does not respond within the alotted 30 days to the summons, wouldn't she be in a position to get sole custody simply by default?

mom has the legal right to take her child ANYWHERE without dad's permission. yep, that includes vacations. now, dad on the otherhand, doesn't have those rights until they are given to him by the court. so next time dad tried to get all bent out of shape, she can end the call.

if mom wants more info, please give her the link to this site, and we would love to assist her personally.

 

[LdiJ]

mom has the legal right to take her child ANYWHERE without dad's permission. yep, that includes vacations. now, dad on the otherhand, doesn't have those rights until they are given to him by the court. so next time dad tried to get all bent out of shape, she can end the call.

if mom wants more info, please give her the link to this site, and we would love to assist her personally.

In fact, if paternity hasn't even been established (dad is not on the Birth Certificate) mom even has the right to get a passport for the child and to travel outside of the country with the child.

So dad can pound sand.