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Law Pro
Law Pro, Lawyer
Category: Family Law
Satisfied Customers: 24870
Experience:  20 years practicing family law from divorce, custody, support, alimony to equitable distribution
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My husband has a 5-year-old son from a previous relationship

Customer Question

My husband has a 5-year-old son from a previous relationship. Paternity has just recently been determined. A hearing is set for child support. What are his legal rights in regard to visitation? The child and his mother live approximately 3 hours away from us (in the same state). What would a typical visitation schedule look like in this situation?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Pro replied 7 years ago.

First, realize that although he is order to pay support - that doesn't automatically mean that he will get custody/visitation. The two issues are separate and distinctly different matters. It is considered every parent's duty and obligation to economically support their children.


So, with that being said, depending upon the history of the custody/visitation as between the parent and child (I would presume that there has been a relationship yet) usually a non-primary custodial parent eventually gets every other weekend, some vacation, alternating years as to Spring break, and alternating holidays.


It might take awhile for you to obtain that if there hasn't yet been a relationship as between the two fo them.

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