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  1. #1
    Susan28 is offline Junior Member
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    Feb 2010
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    Default Child from Affair: Child support/visitation

    Hi
    My situation is this: During my marriage (when separated), I became pregnant from another man, also married. My husband and I took time to repair our marriage, then did a dna test, showing husband is not the biological father. We remain married, husband is still on birth cert, no child supporticon filed.
    Upon hearing news that the child was his, the biodad became hostile and has had no contact with the child, now two years old.

    Questions:
    1. When will it be too late to file for child support/ is there a time limit?

    2. If/when biodad files for visitation (to reduce child support payments, etc), how likely would he be to get UNsupervised visitation? Since he has never met the child, he is a stranger to him and our concern is the child's emotional well-being with being handed over to a "stranger." Can visitation be supervised by me and/or my husband?

    3. If visitation is established, then it's my understanding we'd need biodad's permission to move more than 50 mi away. Does this also hold if biodad moves away before or after visitation is established? Does this hold if we move with child before child support is filed?

    Thanks for any help.

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Default

    If you do not want biodad involved in the child's life, and want to freely move: don't file for support.

    Or as an alternative, file for support a year after you move. There is really no set time limit. But long periods of time do have the potential to complicate child supporticon cases.

    If he seeks parentingicon time - it will eventually be unsupervised. You can almost count on that.

    Attorney Howard Ikenicon

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