Ask Experts Questions for FREE Help !
Ask
    caring soul's Avatar
    caring soul Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 2, 2008, 07:13 PM
    Father's visitation rights in NYC
    Hi, I have a friend who had two children with his now ex girlfriend. They were never married. His son is 6 and daughter 2. She finally got her dream job working for the Parks Department in NY. He pays her child support.
    They have been in and out of court a lot in the past couple of months. He was awarded weekend visitation rights with his kids as she was keeping them from him though he was paying her child support directly. Because there was no receipts he could not prove it. (She is getting less now with the court order child support)

    She recently decided she wants to move to PA. Her job is still here in NYC as is her family.

    My question is, can she do this? I know the courts tend to support the mother's decisions over the fathers and since she is not a drug addict nor in trouble with the law. He is miserable as he has no way to get to PA as his job definitely does not pay enough less the child support and his rent. He does not own a car.

    If the courts allow this what happens to his rights since the courts did award him every weekend for visitation? Would she have to bring them back into the city?

    Please help, me and his friends hate to see him this hurt.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 2, 2008, 07:21 PM

    First, big mistake to not keep proof of the support.

    Second, Support and visitation are two separate things. Just because one pay support doesn't mean they get visitation and vice versa.

    However, if the court ordered visitation, then she cannot make a move that would impact the visitation order without court approval.

    Your friend needs to ask the court for an order enjoining her from moving out of the area.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Dec 2, 2008, 08:27 PM

    1. always use a method with a receipt if paying child support

    2. if mother refuses visits how many times have you been to court to get a order for her to produce the children.

    3. what does the court order say about right of parent to move ?

    4. take her back to court to try to stop the move.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is it illegal for father's visitation to be forfeited by mother to suit her schedule? [ 7 Answers ]

My step-children's mother took them out of state during my husband's scheduled visitation time for the weekend. She didn't notify us until she had left with the kids and even then she did not ask that the time be forfeited or changed, but told us through a message left by her husband on our...

Father's rights and mother's rights [ 7 Answers ]

If a father has given up DNA testing at child's birth, does he still have to give up parental rights to the child?:(

Father's visitation when mother leaves the state with the child [ 2 Answers ]

My husband has a 13 year old daughter with his ex wife. The separated 12 1/2 years ago. He has been a part of his daughters life and they are VERY close, until almost 2 years ago when his ex got offered a good job in chicago, we all lived in New York. When she decided to leave she did not discuss...

Father's visitation rights [ 18 Answers ]

My fiancee' s child's mother took his child away claiming that she has custody but we haven't seen any papers, what does he have to do to see his child?


View more questions Search