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Fathers Rights and Custody

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My husband has a almost 4 year old daughter and the mother of the child wont let him have any contact or visitation, He pays child support. They did live together until the child was 2 1/2 and the mother wanted to visit family in Missouri, After she left she lost all contact with my husband and when he was able to get contact with her she was pregnant with another mans baby and with someone else. She wont let him come get his daughter, and hes only been able to see her one time in the last two years. Were trying to figure out how we can get his daughter back, or at least have visitation. She wont let us have a number to contact her we have no clue where she lives because she keeps giving us different addresses and when we Email her about coming to see his daughter she always makes excuses to why we cant come and see her.

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Query how your husband manages to pay child support to his child's mother, if he doesn't know where she is.

 

Is there a court order for child support in place?  If so, is there a provision for visitation?  If no visitation is specified, he'll have to petition the court for a modification to include such a provision which can then be enforced.  He will have to locate her in order to serve notice of the action.  He can use his own detective skills, or retain the services of a professional investigator.  (Note that if the support is paid through a third party, such as his state's Attorney General's office or Child Support Enforcement agency, someone knows where she is.  He can start there.)

 

In addition, he would be well-advised to consult with a local family law attorney.

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Were trying to figure out how we can get his daughter back, or at least have visitation.

 

"We" can't get her "back" because "we" never had her to begin with.  This is between your husband and his ex.  I assume he and the child's mother were never married.  That being the case, he has no enforceable legal rights unless his paternity has been established and a court has entered an order allocating parental rights between the two of them.  Your post is completely silent about establishment of paternity or the existence of any relevant court orders, so I have to assume none of this has ever happened.  If that's correct, then your husband will have to file an action for paternity in the area where the mother and child now live and seek custody or visitation.  Visitation is far more likely since most courts will not upset the status quo after such a long period of time.

 

 

 

Ted - IWOs are required in most states so that's how

many cases have child support paid

 

Reasonable to assume that Ted is aware of this.  However, the OP did not mention any IWO or any court order of any kind.  Thus, Ted's question about how the OP's husband pays support without a current address is a perfectly reasonable one.  If the answer is that there is a child support order and an IWO, then so be it.  Of course, if that's the case, then the mother's address shouldn't be too difficult to obtain through the authorities who are administering the IWO.

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If the mother doesn't want the father to see his child, I'm sorry to say he is out of luck as far as visitation is concerned. The courts will dance around the issue and recommend all kind of solutions and, in the meantime, the father is paying lawyers and the courts to hear his case.

The courts will do nothing to the mother in cases like this. She can lie, refuse to obey the court order and nothing will be done. If either parent refuses to pay child support, if mandated by the court order, that's a different matter because that's easy for the courts to resolve.

Tell your husband to save his money and pray the child, when of age, will come to him.Good luck.

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redbull1945 post is inaccurate. Appropriate action would be, and has been, taken when custodial parents disobey court orders. Its not a lost cause. Seek out the advice of your counsel.

 

The FindLaw.com team

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If the mother doesn't want the father to see his child, I'm sorry to say he is out of luck as far as visitation is concerned. . . .

 

Bitter, ignorant cynicism should not be confused with accurate, useful information about how things actually work.

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