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    wntrfairy79's Avatar
    wntrfairy79 Posts: 5, Reputation: 1
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    #1

    Oct 19, 2009, 01:57 PM
    What is a father's rights to the child when found in paternity default?
    I have a daughter who is now 18 months old. The boilogical father has never seen her. He left me when I was 3 or 4 month pregnant. He denied her in the paper work for paternity. The courts gave him 2 chances to show up for paternity testing. Both times he was a "no show", so they found him in default. The paralegal here told me that he has no legal rights to my daughter even if he is paying child support for her, because he was found in default. (He is now paying child support for my daughter). Is this true?

    In the beginning, he thought she was a boy. He says he has rights to see her. Even though he was found in default. He also states he has a lawyer and has talked to child support enforcement.

    The last time I heard from him was when I was 6 months pregnant. Then I heard from him for the first time in 20 months last Monday. I am in Washington state and he's residing in another state (ND).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 19, 2009, 02:09 PM

    He is the proven father, even if it was by default.

    He has rights but must file in Court for visitation before he can exercise those rights. I have no idea why the paralegal thought he has no rights to the child.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Oct 19, 2009, 02:21 PM

    I agree with Judy on this one and that's why most states bar a paralegal from dispensing legal advice. In something like this they either didn't know or lied or your not getting the whole story.
    wntrfairy79's Avatar
    wntrfairy79 Posts: 5, Reputation: 1
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    #4

    Oct 19, 2009, 02:23 PM

    Can a request for visitation be granted? I don't know what to do. As he's made no effort to see my daughter. He also lives in another state.

    Would a state agree to ship my child to another state to visit the father?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Oct 19, 2009, 02:26 PM
    Quote Originally Posted by wntrfairy79 View Post
    Can a request for visitation be granted? I don't know what to do. As he's made no effort to see my daughter. He also lives in another state.

    Would a state agree to ship my child to another state to visit the father?
    Yes and it happens all the time. So be ready for the if / when it comes.
    wntrfairy79's Avatar
    wntrfairy79 Posts: 5, Reputation: 1
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    #6

    Oct 19, 2009, 02:29 PM

    Ouch. Ok, I will have to brace myself. I don't want my daughter taken that far away from me.

    I want what's best for my daughter. And if knowing him is the best, I want it for her. I just don't want him taking her away.
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