Answer

Dear XXXXXXXX - Any court filing will have to be where the child resides if there are no orders in effect at this time. He cannot make an appointment with a judge so he will need a lawyer from the area where the child and mother live.

He definitely should file for custody and/or vistation however he will not be able to force the mother to move back to NE since she left with permission. What he will likely obtain is a long distance type of vistation, assuming they live far apart and not just over the state line.

He will also be expected to pay court ordered child support until the child is an adult. That will be based on the respective incomes of he and the mother. It is important to establish these rights since if something goes wrong he will need a court order to be able to enforce his rights to his child.

Dave Kennett

Expert:	Dave Kennett
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Answered:	9/11/2009

Lawyer (JD)

25 years experience in general law, including real estate, criminal, traffic, and domestic relations