Legal Question in Family Law in Florida

Interstate Visitation Rights of ''unwed'' Fathers

My husband has a child with a woman that he was never married to. MO CSE deferred the establishment of Paternity and Child Support case to FL which has been completed. We have tried to make a reasonable visitation schedule and joint legal custody arrangements without involving attorneys but she has been fighting my husband in all areas personal involvement with the child. Do we have to file for visitation in the MO, or can we petition on the paternity/support case in FL? (If it makes a difference the child was not born in MO & we've been FL since before his birth.)


Asked on 2/07/02, 11:42 am

1 Answer from Attorneys

Sanford Martin Martin Law Office

Re: Interstate Visitation Rights of ''unwed'' Fathers

You should file in the court which issued the support order; however, the visitation issue may be considered in a Mo court where the child and mother reside. It's unfortunate the order did not address visitation. You are advised to consult with an attorney there in the appropriate Mo county to write a letter to the mother, proposing an agreement for standard visitation in such circumstances. A court will award you visitation (due to the distance involved, it may be holidays and summer) unless there is some reason visitation would not be in the best interest of the child. You are right in trying to settle the matter without lawyers, but sometimes it is saves time.

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Answered on 2/08/02, 1:03 pm


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