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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37830
Experience:  Retired (mostly)
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I have a 4 year old daughter who was born in New York ...

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I have a 4 year old daughter who was born in New York (2004). I agreed to let her move to Geneva Switzerland with her mother in 2006. I notarized a letter saying she could travelled with my daughter. We were not married and I have made regular monthly payments from the start. At the moment the mother is giving me a hard time in regards XXXXX XXXXX my daughter. I want to know my rights. Can I have joint visitation?, Can I see my daughter in the winter and summer.? I pay $900 per month and I do not go through the courts... They are currently visiting in NY (with her family and what can I do... Help,Peter
Submitted: 8 years ago.
Category: Family Law
Expert:  socrateaser replied 8 years ago.

If you have no custody orders in place and paternity was never established by a court judgment, then you have NO rights, other than the right to establish paternity and custody. If you want to obtain some rights, then you need to petition the court to establish paternity and custody and personally serve the mother while she is in the jurisdiction. You may also be able to obtain an emergency restraining order to prevent the child from being removed from the State of NY and the USA, until your rights are established.

Get a family law attorney immediately, because once the mother and child leave the USA again, you will lose any meaningful ability to establish your rights to a relationship.

socrateaser and 3 other Family Law Specialists are ready to help you
Customer: replied 8 years ago.
Reply to socrateaser's Post: Iam on the Birth cert as her father. I have a copy of same and the child has my name.
Expert:  socrateaser replied 8 years ago.

That is NOT the same thing as a judgment of paternity from a court. The court must confirm paternity and then make custody and support orders.

My comments remain unchanged.

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