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Father of toddler can't see child after mother's move

Your Question:
The mother of my two year old son refuses to let me see him and has now moved to a different state. Do I have to fill out a paternity action in her state or mine? Then what is the next step? At this point can I just want to beable to get visitation. Is that possible? Do I need a lawyer to do that? I am not in a position to fight for custody I just want to see my son.

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My Answer:

If she just moved, as in very recently, you'd file a paternity action in your state. Jurisdiction is typically where the child has been residing for the prior six months.

If you have evidence that you're the father (e.g., you've been ordered to pay child support, or you have correspondence from the mother indicating that you're the father), include it with your paternity action.

Now, you'll also have to ask for transportation issues to be resolved, in addition to making a parenting plan across X current miles.

You also may want to ask for an alternative parenting plan to take effect if/when the parents reside within 10 miles of each other. This way, if you move to her city, you'll immediately have a parenting plan that's more appropriate than a long-distance one.

If you've never been involved, you'll face some serious concern from the judge. If you've only recently been cut off, it will be a concern of the court but in your favor.


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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