Paternity Rights in FL- mother and child in NH

My daughter lives in NH with her mother and, eventhough I took the paternity over a year ago, she has never allowed me any type of visitation rights. I'm currently married and have my own family (wife & step-daughter). She got married soon after she had my daughter (4 yrs ago) so that her boyfriend at the time could sign the birth certificate. We have never lived in the same states and she has repeatedly stated that she doesn't want me in my daughter's life, who is now almost 4. The last 3 years I've been playing by her "rules" hoping that she would put the past behind us for our daugher's sake, and let me establish a relationship with my daughter. Unfortunately, the only way to resolve this now would be thru court. Now that I live in FL, I have no clue as to where to even begin to try to have visitation rights thru court, since she is not cooperating with me outside of court. My concern is that I might be tied down financially and be unable to support my current family. I'm not sure what my rights are with so many factors involved (living in different states, different state laws, both married). Can someone please help me?

Was the paternity order entered in New Hampshire? At first blush, it would appear that any litigation over custody and parenting time would have to occur there, as that is where the child is domiciled.

The paternity was never ordred. I actually decided to take the DNA test on my own. She never requested it. I did it thru some online service and still have the documentation to prove it. My daughter was actually born in CT, but her mom recently moved to NH. So, yes their currently residing in NH. Does that mean that my paternity rights would be based on NH's state laws?

It might be possible to get a paternity order in the state where the child was born, although it would seem to be impractical. Even if statute permits, a Connecticut court might dismiss the claim on a number of grounds, including its being an inconvenient forum or possibly the child's now being domiciled in a different state.

Following (or as a part of) an action for paternity, any custody or parenting time action would presently belong in New Hampshire.

Regardless, I would have to fly to either state to get a paternity order? Eventhough I have the paternity test results? Do you know if this is something I can file over the phone? Would it be best to call both states first? I'm working full-time and I would have to plan accordingly if I have to fly out.

If you use a lawyer in the suit where you file a paternity suit, which really should be New Hampshire, you should be able to minimize the need to travel. However, it is difficult to prosecute a lawsuit without ever appearing in court, and travel may become necessary.

Ok. It would make sense to file it in NH, but with some many different state rules you never know. My guess is to call both states?

What's your opinion on the child support? Would they require me to pay for child support eventhough I'm married and her husband signed the birth certificate? What should I expect financially? Would they look at my current financial stability before making any other financial decisions? What maybe some of the rulings based on the distance?

By paternity suit, you mean paternity order right? Or is there a difference?

You get an order of paternity from a court by virtue of bringing a paternity claim (or lawsuit) in court.

If her husband is the child's legal father, you may not be able to establish paternity. Child support would normally be assessed based upon a state in which you have resided, but your commencement of a New Hampshire lawsuit might subject you to that state's guidelines. These are issues that you should discuss with a New Hampshire lawyer.

Yea, but I'm the child's paternity father, not him. He signed the birth certificate because she wanted him to, knowing that I was most likely the father - this was before I took the DNA test of course. So the fact that he's her "legal" father shouldn't stop me from having rights if I'm the paternity father. That shouldn't matter for any state - I would assume.

So, NH's guidelines "might" put me on child support if I want rights as her father? I guess I should start there to see what this entitles. The last thing I want to do is jeopardize my family's lifestyle (lose my house) if I'm forced to pay for child support, especially if I'm going to have limited rights. This whole thing sucks. I feel like the mother will always have her way.

In some states, absent the assent of the legal father, a biological father has no legal right to attempt to claim paternity of a child born in wedlock. In states that make an exception, it is typically required that the husband and wife not reside together at the time of conception, and (with due consideration to the child's age) that the biological father maintain a relationship with the child after its birth.

So it all comes down to what the rules are in NH for a biological father who lives in another state? The fact that she never gave me any rights since the day she was born, and even after I took the DNA test to prove that I was the father, may have absolutely no bearing on the outcome of the ruling?

The laws of New Hampshire, or possibly Connecticut.

Thanks for your help Aaron. This gives me a good idea of what to expect. I'm not too optimistic on the outcome of this, but at least now I'm aware. I feel like she's going to win regardless of the efforts I make. That has always been the case and it makes me really sad and upset to know that she can get away with this.