Legal Question in Family Law in Nebraska
Rights of a father
I am 4 months pregnant with my first child. My boyfriend has abandoned me and has provided me with no support. I am applying into graduate schools this fall, and if accepted may move out of state. Is this possible? What are his rights as a father? If he pays child support does he automatically have visitation rights. I live in Nebraska and may move to Colorado. Thank you.
1 Answer from Attorneys
Re: Rights of a father
First, if he has not filed any petitions with the court for paternity and visitation, then you are under no obligation to stay in Nebraska. He has full rights as a father but it is up to him to take action to enforce them. Second, child support and visitation rights are not linked. Although the court will likely grant him visitation rights if you seek child support, there are cases where the court will deny visitation for good reason (abuse, etc) yet still order support. Conversely, if the court grants support and visitation and he does not pay the support, you cannot disallow visitation on that basis. If you really want support, be prepared to allow visitation. However, even if father objects, the court will very likely allow to you move out of state for graduate school. If you forgo support, you may never hear from him, but then again, he may file his own action for visitation. So there is a bit of a risk either way.