Visitation Issues

[confusedstepmom]

My question involves a child custody case from the State of: TN

My husband was two children with his ex-wife. One of which was born almost one year after their divorce was final. He is on the birth certificate, but is being denied extended visitation with this one child. They have visitaion and child support spelled out in their divorce papers for the oldest child, but do not have any legal documentation on the younger child. The Father has moved to a different state and now the mother is withholding extended visitation with the younger child even though she is allowing the older child to visit whenever the dad ask. What can he do about this? What rights does he have as her father that is on her birth certificate, just no court papers spelling out visitations?

[Harriet]

They have visitaion and child support spelled out in their divorce papers for the oldest child, but do not have any legal documentation on the younger child.

He needs to file for visitation of the younger child in the state in which the younger child resides. That of course will almost certainly lead to his ex-wife filing for child support for the younger child in that state, too. Is he paying child support for this child?

[confusedstepmom]

No, he is not paying any child support for the younger child. He has offered to do so and the mother has always said don't worry about it! We'd be glad to pay it, we both just want to be able to spend the same amount of time with them both.

[Dogmatique]

....wait.

The child was born a year AFTER the divorce was final?

When exactly?

There is a reason I'm asking...

[confusedstepmom]

Yes!! About 11 months after the divorce was final! Thought they might could work things out!

[Dogmatique]

Ah - so they divorced, got back together briefly, got pregnant, had child - gotcha. Thanks for clarifying that!

Then yes, Dad simply needs to file where Mom and kiddo live, for visitation with the younger child. He should expect to visit in Mom's community at first and let's see - Tennessee? - he created the distance so he'd likely be responsible for transportation costs.

Because without a court order, Mom is under no obligation to allow any contact with the younger child.

A delicate question, I know - but did Dad do a paternity test before signing the AoP?

[confusedstepmom]

No, paternity test was done. I have been told that the court may make him to one though! He did create the distance, but she has let us have the child for approx 5 days before, but we asked to have them both for a full week plus, she withheld the younger child and allowed the older one the come!

[Harriet]

No, he is not paying any child support for the younger child. He has offered to do so and the mother has always said don't worry about it! We'd be glad to pay it, we both just want to be able to spend the same amount of time with them both.

Just out of curiosity, how did he get on the birth certificate? Did he sign an acknowledgement of paternity or was the birth within 300 days of the divorce?

From what you have written, he is the legal father. He needs to file for visitation. That will almost certainly lead to her asking for child support. Since he would gladly pay it, there is no issue there.

[Dogmatique]

Again though she doesn't have to let the younger child go.

How old are the kids, incidentally?

[Harriet]

No, paternity test was done. I have been told that the court may make him to one though!

I don't think the court would make him take one. If the birth was within 300 days of the divorce or he gave his written consent to be on the birth certificate (typically called an acknowledgment of paternity), he is the presumed father.

http://www.tn.gov/tccy/tnchild/36/36-2-304.htm

Now that is a rebuttable presumption, but to rebut it, you need a man who is willing to challenge it or your husband needs to challenge it. Sounds like your husband doesn't want to challenge it. Is there any other man who is contending they are the father of this child?