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ppiasta · May 10, 2007, 11:10 AM

My nephew and his ex-girlfriend have a 1 1/2 year old child. The child has his last name and his name is on the birth certificate. He was there for the birth but they have not been together as a couple since she was pregnant. He has been paying her weekly support, WITHOUT A COURT ORDER. They have never been to court. The child's mother has been very strict about any visitation of the child, the father has never been allowed to have the child overnight even. Now the mother has married and is pregnant. She wants to take my nephew's child and move out of state. What are his rights and what does he need to do legally?

Fr_Chuck · May 10, 2007, 12:09 PM

He has make a lot of mistakes, first he needs to file for joint custody, and visitation rights, and he can file to stop the move unless reasonable arrangements for vists are made.

So he needs to get to court fast.

tawnynkids · May 10, 2007, 12:37 PM

I am only posting this response (because I agree with everything Fr_Chuck says) in the hopes that you don't come back here and read only one response and think oh OK that sounds good and then sit on it. Tell your nephew to get to a lawyer yesterday. Once she leaves it will be more difficult than you can believe for him to get rights. I can not stress the importance or need of urgency in this matter.

heidib2007 · Jul 10, 2007, 09:41 PM

Get to court asap. He needs to file for custody before she moves. He should be okay as long as he has a file before she moves. Also will help if he has documentation of all payments

Bluerose · Jul 11, 2007, 03:29 AM

I agree about documentation, very important. As are any records of visitation being denied and the reason for it. He needs to get his running shoes on.