Legal Question in Family Law in Nevada

Visitation right from Child Support

My ex-boyfriend will be going to court this month for our child support case along with the paternity test results he had asked for (he is the father 99.999%). He has not seen my son, or give any type of financial or emotional support. My son will be two this year and it took me all this time to put him on child support and get a paternity test done to confirm paternity. He has never showed interest even when I call him to give him updates on the baby, he hangs up. Now he says he will try to get visitation rights due to having to pay child support. He has another son from another ex, who is now 4 and does not support (there is no court order for support by the mother) and has not seen him either. What are his chances on getting visitation rights or even cutody with my son, now that he will be paying child support. What state will they base their decision from since my son is born in CA, we are now legal residents of NV, and my ex lives in IL, and will have the court meeting in IL. I'm worried that I won't be there to represent myself and if he asks for visitation rights, I'm not there to have a say so on the terms of his visitaion rights. What are his rights?


Asked on 6/19/08, 4:01 pm

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Visitation right from Child Support

He will not get child support. But he may get visitation as he has a right to it. Nevada law will apply as the home state of the child is Nevada. Illinois is merely enforcing Nevada's Order.

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Answered on 6/19/08, 4:44 pm
Jim Herbe Black & Lobello

Re: Visitation right from Child Support

Thank for your inquiry.

The father of your son would probably be entitled to visitation with your child. However, if you haven't received any child support from him he would be responsible for retroactive payments from the last two years.

If you feel that you wish to enforce retroactive child support I would recommend that you retain an attorney.

If you'd like to schedule a free phone or in-person consultation with my office contact us at your earliest convenience.

Regards,

Jim Herbe, Esq.

702.966.5686

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Answered on 6/23/08, 2:05 pm


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