child support

[Pretty Girl Lu]

Jurisdiction

Alabama

My question is my husband has been paying court ordered child support from his previous Childs mother, they have no split custody and he has all his rights to see his child, but his child's mothers moved them to Washington DC almost 3 years now and he hasn't seen him since then, she comes down to visit her parents that stay only 5 mins away from us but won't meet up anywhere or answer any calls.. Can she just up and move out of state with the child?

 

[army judge]

Can she just up and move out of state with the child?

You said she did, so I suspect she has already crossed that bridge.

If the father of the children wishes visitation, he must go to court and petition the court to award him designated visitation times.

The child support he pays has NOTHING to do with the visitation he hasn't been to court to request..

 

[Victoria]

SO HE HAS TO GO TO COURT JUST TO SEE HIS SON WHEN THEY BOTH HAVE THE SAME AMOUNT OF RIGHTS TO THE CHILD? A ATTORNEY TOLD ME HE HAS EVERY RIGHT TO HIS SON, SO I'M NOT UNDERSTANDING HOW 1 PARENT CAN HAVE THE CHILD WHILE THE OTHER 1 HAS TO GO THROUGH COURT JUST TO HAVE VISITATIONS WHEN THEY NEVER BEEN TO COURT REGARDING CUSTODY

 

[Victoria]

You said she did, so I suspect she has already crossed that bridge.

If the father of the children wishes visitation, he must go to court and petition the court to award him designated visitation times.

The child support he pays has NOTHING to do with the visitation he hasn't been to court to request..

SO with them both having the same rights to the child, she can have him but he has to go to court to see the child which will only cost more money to file for visitation in family Court and she gets almost 400 dollars every month, I'm not understanding how one parent has more rights than the other when they never been to court?

 

[army judge]

SO with them both having the same rights to the child, she can have him but he has to go to court to see the child which will only cost more money to file for visitation in family Court and she gets almost 400 dollars every month, I'm not understanding how one parent has more rights than the other when they never been to court?

What I'm about to tell you is the law.
It doesn't represent opinion, it's merely fact.

Men who father children out of wedlock have no parental rights, just the obligation to pay child support.

Women who birth children out of wedlock are vested with all of the parental rights to the children passing from her womb.

If the unmarried male wishes to establish visitation, he must go to court, prove paternity via DNA testing, and request visitation.

He'll rarely get custody, because the court is concerned (as both the male and female both should be, too) with what is best for the child.

As long as mom is properly caring for the child, the court won't overturn the baby buggy.

The ONLY shared custody is between a husband and wife for a child born out of their marriage.

If the couple is divorced, one will be named primary, becoming more equal than the other.

I could go on boring you (and myself) but if your friend wants visitation, he must go to court in DC, petition a judge, a hearing will be held, a judge will decide.

Why DC?

Because the period where AL had jurisdiction over the child has lapsed, and now such jurisdiction is vested in DC.

I suggest if your friend has more questions, he consult a lawyer near him.

Eventually, should he seek visitation, he'll need to retain a lawyer in DC.

 

[ElleMD]

If he wanted regular visitation with the child, he should have acted 3 years ago. He does have a "right" to visitation, but he actually has to demonstrate he is interested in that right. If he is content to not challenge the move and not see the child for 3 years, the court cares not. The court assumes that the two people who chose to create a child together are capable of communicating with one another to raise that child the best way they can. The court only gets involved when the two can't agree and refuse to work together in the child's best interest. Both have a legal obligation to financially support the child, but beyond that, not everyone who procreates is fit to raise the child or has any interest in doing so.

 

[shrinkmaster]

Your solution lays within court system. He should be prepared to answer questions on why he waited 3 years to bring up issue

 

[leslie82]

SO HE HAS TO GO TO COURT JUST TO SEE HIS SON WHEN THEY BOTH HAVE THE SAME AMOUNT OF RIGHTS TO THE CHILD? A ATTORNEY TOLD ME HE HAS EVERY RIGHT TO HIS SON, SO I'M NOT UNDERSTANDING HOW 1 PARENT CAN HAVE THE CHILD WHILE THE OTHER 1 HAS TO GO THROUGH COURT JUST TO HAVE VISITATIONS WHEN THEY NEVER BEEN TO COURT REGARDING CUSTODY

Why are you yelling?

Child support and visitation are two separate things. Payment of child support does not guarantee visitation. He does have rights yes. Rights which he needs to go to court to get in writing.

Do they have a visitation plan in place? What does the parenting plan state? If she is violating the parenting plan then he needs to take her to court for contempt. YOU have nothing in this fight. At all.

If they have never gone to court and established custody has he ever established paternity? Were they unmarried when the child was born? If they were not married when that kid was born and he didn't establish paternity than he has ZERO rights.

Is he paying child support through an order or directly to the mom? If he is paying her, that has all been considered a gift.