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Visitation and Custody

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What is the name of your state (only U.S. law)? Georgia, child lives in NJ

My husband just received dna results for a child in NJ that is turning 16 in 2 weeks. We would love for her to come visit during the summer. But her mom sent a text stating she won't allow the child to go anywhere with my husband without her. No custody or visitation has been established through the court.

Does he need to go to court and ask that she be allowed to visit (given mom's attitude) ? Does that require he travel to NJ ? The court did allow him to do the dna hearings over the phone.

If the child comes to visit and wants to stay, what should he do if the mom doesn't want her to stay and he wants her to stay in GA ?

Thank you for your help.
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Georgia, child lives in NJ

My husband just received dna results for a child in NJ that is turning 16 in 2 weeks. We would love for her to come visit during the summer. But her mom sent a text stating she won't allow the child to go anywhere with my husband without her. No custody or visitation has been established through the court.

Does he need to go to court and ask that she be allowed to visit (given mom's attitude) ? Does that require he travel to NJ ? The court did allow him to do the dna hearings over the phone.

If the child comes to visit and wants to stay, what should he do if the mom doesn't want her to stay and he wants her to stay in GA ?

Thank you for your help.


Currently Mom can legally prevent him from meeting his daughter. He needs to go to court and get an enforceable visitation plan. He'll probably be expected to visit in NJ, and with Mom supervising.

In the event that she visits Georgia, if he doesn't return the girl when Mom says so, he's asking for trouble.

I'm not talking about a slap on the wrist. I'm talking major trouble - potentially criminal and potentially felony level. The very fact that the question was asked is causing a raised eyebrow. He needs to tread very, very carefully.

And he needs to expect to pay child support - and in NJ, it can feasibly last through her college years.
 

single317dad

Senior Member
What is the name of your state (only U.S. law)? Georgia, child lives in NJ

My husband just received dna results for a child in NJ that is turning 16 in 2 weeks. We would love for her to come visit during the summer. But her mom sent a text stating she won't allow the child to go anywhere with my husband without her. No custody or visitation has been established through the court.

Does he need to go to court and ask that she be allowed to visit (given mom's attitude) ? Does that require he travel to NJ ? The court did allow him to do the dna hearings over the phone.

If the child comes to visit and wants to stay, what should he do if the mom doesn't want her to stay and he wants her to stay in GA ?

Thank you for your help.

Does your husband have any existing relationship with this child?

What prompted the DNA test?

Without having all the details, my initial impression is that I don't think there's a chance in Hades of Dad forcing any unsupervised visitation before the child becomes an adult.
 
Go to court get a visitation order and get to know your child. I am sure it will be a phased in schedule and visits will not be in Ga until you two establish a relationship. I think you are getting very a head of yourself thinking the child might want to stay with you as you are a stranger to her. But have visitation via skype ordered as well. Good luck to ya.
 

Ohiogal

Queen Bee
Go to court get a visitation order and get to know your child. I am sure it will be a phased in schedule and visits will not be in Ga until you two establish a relationship. I think you are getting very a head of yourself thinking the child might want to stay with you as you are a stranger to her. But have visitation via skype ordered as well. Good luck to ya.

Psst... this is not OP's child. OP will NOT be getting to know the child for a while.
 

stealth2

Under the Radar Member
I see that G has yet to figure out the Internet or how to ask his own questions.

p.s. G should not expect ANYthing to get to court in NJ before summer. Not with starting from scratch.
 
Last edited:

single317dad

Senior Member

Oh, geez.

Well, I'm surprised the court even bothered with a DNA test since this child has already had a father her entire life. Guess 'G' owes a whole bunch of support.

The result doesn't change; neither Dad nor Stepmom will likely force any visitation, especially in GA, before the child ages out. The question of "whether they could keep the kid" is moot.
 

Proserpina

Senior Member
Oh, geez.

Well, I'm surprised the court even bothered with a DNA test since this child has already had a father her entire life. Guess 'G' owes a whole bunch of support.

The result doesn't change; neither Dad nor Stepmom will likely force any visitation, especially in GA, before the child ages out. The question of "whether they could keep the kid" is moot.

I absolutely agree. I was actually concerned about the whole "keep the kid" thingy. What better way (to the unfamiliar, at least) to reduce the current obligation?

Yeah.
 

Zigner

Senior Member, Non-Attorney
As was said before:

Please have G create an account and ask his own questions. Thank you.

G would be best served by posting himself or speaking with an attorney.


It honestly sounds to me like the OP is simply trying to avoid her money being taken away. Not literally her money, rather, the money that the father of the child now has to pay for child support. The FATHER hasn't seen it necessary to post any questions here in the past 6 months and, to me, that is telling.
 

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