Ask a Lawyer and Get Answers to Your Legal Questions
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
I'm sorry to hear about your situation. Can you tell me what you son wants to do in this situation?
And he resides in Phoenix as well? What was his connection to West Virginia? That is, was he going to school there, or was this girl going to school in Arizona, etc...?
Should I continue to await your response, or may I assist the other customers that are waiting?
Yes, I am here.
Did you see my follow up question to your issue?
My apologies, but I don't see that response.
Do you mind retyping it?
So you moved from KY to AZ in the meantime?
Thank you. In any situation, the domicile of the child is what is going to control, so if the mother moved to WV and had the baby in WV, then that is what is going to control as far as jurisdiction is related. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies to those jurisdictional issues and would set which state has jurisdiction over this matter. The reason I was asking is that if the mother had some other domicile, etc... then that could have an impact, but it does not appear that is the case.
One moment please...
While it seems pretty clear that the paternity action would not be much of an issue, if she has indicated that he won't have visitation (which he has a right to seek) he will need to go to court to get a court order for that.
Now if he does so, that will almost certainly also obligate him for child support (as it will be handled all in the same matter)
The fact that you're living so far away is going to make it more difficult, and while courts will work with parties that live far away, there will be at least one hearing that will have to be attended.
Thank you for your patience.
I was checking to see if there would be anything that he could claim in AZ or KY, but could not find anything.
Given the long distance situation involved, I realize the costs that would be part of a paternity / visitation action, and unfortunately I can't find any way to get it closer to you.
The case would have to be brought in KY.
(sorry about that)
Now that being said, he can absolutely ask for visitation, as that is his right.
Typically courts will establish a majority mother custody situation, where the mother has custodial rights, and the father has visitation rights. In long distance situations, the visitation is generally once or twice a year, with travel costs paid by each parent to whose location the baby is traveling.
Now if he can establish an unsafe environment (such as drug charges against the parents, child endangerment, etc...) then he could try to get custody of the child.
and while the law, stately, treats gender-neutral he, there is an unwritten presumption that a newborn baby should be with the mother. It takes a lot for a judge to take a newborn baby away from the mother, however it is not unheard of.
In custody situations, an "attorney ad litem" is often appointed, that will do a home study and interviews of the parents, to see which parent would be the best parent to have custody of the child.
This is often an impartial attorney, that really represents the interests of the child, rather than either of the parents.
That being said, you need to contact an attorney in the motherarea that deals with breach of contract cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
That being said, you need to contact an attorney in the mothers area that deals with custody cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in the area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in the area, and what you should do next.
(sorry, meant to say custody... I had a contract action on my desk so that was on my mind...)
in any event, filing for custody will give you more leverage over her, and for her voluntarily agreeing to visitation, because of the risk of losing custody in court should it come to that. It can also be stipulated or requested that the mother and any caretakers submit to drug tests from time to time, and that the failure of said drug test will result in an automatic change of custody.
If there are truly drug users in the household, then this might make them think twice about contesting the visitation matters.
But again, with the distance involved, and the fact that it will be a contested matter, having an attorney in the area that deals with custody cases would be very valuable.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!
Did you have any other questions before you rate this answer?
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!