What is his right as a father and what can he do to have some time with his daughter? 2 Answers as of July 26, 2017

He is legally married still but separates from his wife. As soon as she told him she was pregnant, he has been giving her child support money. Since he no longer loves her because she hurt him in the worse way and he refuses to move back in her apartment, she is upset and does not let him see his daughter at all just for the hell of it. He pays child support and can’t see his daughter. All he wants to do is have his daughter on the weekends to stay with him or at least spend it with her even if she doesn’t sleep over. She is 4 years old.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Every child has a need to have an opportunity for a relationship with both parents. Both parents have an affirmative obligation to encourage the child to have a good relationship with the other parent. A residential parent who does not encourage that relationship may be considered unfit and there might be a change in custody. The non-residential parent who wants alternating weekends and some time during the week, plus reasonable time during, holidays, school recesses and the summer, unless he/she is a danger to the child, should get it without question.
Answer Applies to: New York
Replied: 7/26/2017
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
One thing we can tell you for sure - Payment of child support and the right to visitation are two separate issues that should be kept separate and apart from each other. Paying support does not necessarily give you the right to visitation, and non-payment of support doesn't necessarily deny you the rights of visitation. That being said, each visitation case is unique and different. Both parents are presumed to have an interest in being in the life of the child. In fact, the Courts look to what is in the "best interest of the child", and the presumption is that getting to know both parents, enriches the child's life. The father in your fact-pattern should make a motion in Court seeking visitation. While the Court may be "slow" in permitting over-night visitation, or even unsupervised visitation to happen (depending on the specific allegations that are alleged), it should make all efforts to reunite father and daughter, as it is in the child's best interest to do so. The parties may be subject to any or all of the following: a) needing to prove paternity; b) having forensic evaluations conducted of each of the parents and their homes; c) appointing a "guardian ad litem" (or attorney) to represent the child, and d) a hearing ("trial") may need to be conducted. Best of luck!
Answer Applies to: New Jersey
Replied: 7/11/2017
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