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  1. #1
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    Feb 2012
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    Default Visitation Rights for a Father in New York, Children Live in Kentucky

    My question involves a child custody case from the State of: New York and Kentucky

    The children live in Kentucky with their mother, the father lives in New York. The father makes all of his child support payments, although he owes back child support because the child support order is new. Does he have visitation rights even though he doesn't live in the same state?

    The mother will not let him talk to his children, he only found out where they lived when she filed for child support. He would love to be involved in the kids lives but has no opportunity.

    Thanks in advance for any help you can offer.

  2. #2
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    Apr 2009
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    He doesn't have visitation rights until a court gives him those rights.

    So, he'll need to file in Kentucky to get an enforceable visitation order. Assuming he hasn't seen them either at all, or in quite some time, he should expect a supervised, graduated visitation schedule in Mom's community eventually (assuming all goes well) leading up to overnights, weekends and longer periods in the summer/vacations.

    He can hire an attorney in Kentucky, or if he's confident and willing to learn he can file himself. He'll need to request forms from the courthouse wherever Mom is located.

    Now, who created the distance initially?

  3. #3
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    Feb 2012
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    They lived in Wisconsin together and split up 2 years ago. She took the kids and moved to Texas, at the time he didn't know he could stop her. He moved to Tennessee for one year while she was living in Texas (he didn't know she was in Texas until after she moved to Kentucky) Before her move to Kentucky he moved to New York (where he is from) and then two months later (his guess) is when they moved to Kentucky and she filed for child support. When he received the child support papers it was the first time in nearly two years he knew where his children were. She wants him to sign over his parental rights so her new husband can adop the children but he doesn't want to.

  4. #4
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    (In all honesty he should have been either paying support from the beginning or at least saving up the amount - his kids still needed to eat).

    Given the circumstances, he should also expect to pay at least half of transportation costs.

  5. #5
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    In all fairness he sent money to her mother for the kids and his ex sent it back saying she didn't want it. He spent his money relocating home after two years of not knowing where they were.

    Thank you for your help Dogmatique, I am sorry i I am short with you, it seems to me that this woman can do as she pleases and because he wasn't aware of his rights from the beginning he will forever pay for his naivety. We have a child together and I assure you he is a wonderful father. He just needed to know how to proceed with visitation, be it even over the phone.

  6. #6
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    That's absolutely something he can look into - skype/webcam visitation, and regular phone access. Specifics are important, such as "Custodial parent will make the children available between 6-8pm on Tues and Thurs evenings", or something along those lines.

    He also needs to have it specified who is responsible for pick up and drop off, and things like that. There are long-distance parenting plans online (deltabravo.net has some ideas, too) so he should start researching.

    Again though he's going to be visiting in Mom's community at least to start with. But if he wants to be part of his kids' lives, he can absolutely do that. Once he has a visitation order, if Mom withholds visitation she will face repercussions.

  7. #7
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    Feb 2012
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    Thank you for all of your help

  8. #8
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    Apr 2009
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    Default Re: Visitation Rights for a Father in New York, Children Live in Kentucky

    You're welcome - good luck, and let's hope Dad (and Dad's family, presumably?) can soon start enjoying a wonderful relationship with his kids

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