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I am getting a divorce and we have a son. We have been

Customer Question
I am getting a...

I am getting a divorce and we have a son. We have been separated since before we was born. We had hardly seen him, pays nothing and now wants set visitation. Will this be likely? And if so, would child support be retroactive ?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Indiana

Lawyer's Assistant: Have you talked to a lawyer yet?

No. I have mediation Wednesday .... put in place from when he filed

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My main issue isn't him getting visitation.... it's my child is 18 months and I don't want him taking him out of town (or state)..... my husbands family lives 3 hours away

Submitted: 9 months ago.Category: Family Law
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9/23/2017
Family Lawyer: TJ, Esq., Attorney replied 9 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,722
Experience: JD, MBA
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Customer reply replied 9 months ago
Okay
Customer reply replied 9 months ago
I meant to say before that HE has hardly seen our son. He didn't even "claim him" for his first 6 months
Customer reply replied 9 months ago
Hello?
Family Lawyer: TJ, Esq., Attorney replied 9 months ago

Hi again.

More than likely, he will be granted some form of visitation. If he hasn't been around your child much, then supervised visitation seems likely.

Child support can be ordered retroactively to the date when the child support was requested. It is important to note that child support is unrelated to visitation.

Any order will likely prohibit the father taking the child out of the state.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 9 months ago
I understand they are different, but initially we had discussed a divorce with no conditions for child support or visitation. I was to have physical custody and we would parent without the courts in it. But now he was something in writing, so if that's the case, why can't child support go back to the day or son was born since he's never paid a dime. Also, is there any limitations on taking him out of town... he's only 18 months. The place he would take him is LITERALLY 2 minutes from the border of another state...
Family Lawyer: TJ, Esq., Attorney replied 9 months ago

Hi again.

The reason child isn't retroactive to the date the child was born is simply because that's not the law. Why isn't it the law? That's something you'll need to ask your local legislature. The legislature can certainly enact a law that allows for retroactive child support that goes back farther.

As for taking him out of town, the default rule is that he cannot be taken out of the state. However, you can certainly ask the judge for an order that he cannot be taken beyond a certain distance of your house. The judge may or may not allow for that depending on the reasonableness of the request under the circumstances.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 9 months ago
Last part of the initial questions/convo... is the mediation just something courts always order? Because it's obvious he and I aren't going to agree. And from what I've read the person mediating can't suggest things or give advice and we can't bring attorneys.... ? So it will be pointless and go to court anyways?
Family Lawyer: TJ, Esq., Attorney replied 9 months ago

Hi again.

Mediations are indeed something generally ordered. They are often helpful in getting the parties to compromise. If you continue in court, then it is highly likely that one of you will be extremely disappointed in the result. Therefore, it is in both of your interest to try to mitigate what you consider to be a bad decision by compromising. But if you can't come to an agreement, then that's fine. There is no requirement to come to an agreement.

I hope that helps. Please remember to provide a positive rating. Thank you.

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Family Lawyer: TJ, Esq., Attorney replied 9 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

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