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Is there a way I can stop visitation.?
I have a 3 month old son me and the dad was never married and his name is not even on the birth certificate he does pay child support and we also have an order saying that he has visitation rights. Is there a way I can stop him from visiting. If i move to another state does he still get to see the child.
4 Answers
- Anonymous1 decade agoFavorite Answer
You named him the father when you asked for him to help you financially and when to court to have it mandated. You can't have it both ways. Since you named him..it will be up to you to prove he isn't the father. Otherwise you have to re-agree on visitation should you move out of state. If you prove he isn't the father..he may be able to recoup the money you sent you.
- 1 decade ago
Is there something terribly wrong with this guy?If not I can't for the life of me understand why you would take a child away from a father who willingly accepted responsibility of your child and likewise voluntarily paid child support or has there been a DNA test and he was made to unwillingly? Either way unless there is some kind of abuse or neglect or something along those lines I think he is every right to visit with the child he is responsible for supporting. That is my opinion and no you can not legally move out of state or withhold visitation without a court order.
- AndyLv 41 decade ago
You need to go back to the court that gave the order. Otherwise, you can't stop him from visiting. He also has the right to know where you are moving to because that is his child too. The fact that his name is not on the birth certificate is irrelevant and does not mean he is not the biological father. If you want to disprove his paternity, you need to petition the court to do a DNA test. If it is proven that the child is not his, then he has no visitation right, but you will lose the child support too,
You can't keep collecting child support from him and forbidding his visitation right. It is wrong legally and morally.
- Anonymous1 decade ago
First off why is he paying support without his name on BC? Next if he is Father he has the same rights as you do. He can also block your move if he so desires. Your best option is first establish him as Father with DNA test. Next get his written permission to move. If you move anyways you could be held in contempt
Source(s): www.laborlawtalk.com