visiting out of state

[stepmominflorida]

state of child-north carolina
state of father-florida

I am trying to get some advice on our situation.I am just married and my husband is having problems with his daughters mother( they were not married).he and his exgirlfriend broke up when the child was 3 years old.they have had a verbal agreement over the child support and he has always paid this to her.early on,he would pay her in cash,he didnt realize that this would hurt him later.there has never been an order,but there is no question of paternity.now that he is married, she is very resentful and will not let us come see the girl even without taking her for the day.she will not even let him come alone.she is being very difficult.when he mentioned going to court for an order,she said that she would tell them that he has never paid any support so that they would make him pay back support(after all, he cant prove that he paid her)we are relocating to nc in 6 months.what do we do until then?we want regular visitation but dont want to get screwed with back support..??should we wait until we move to go?? thanks in advance for help..

 

[LegalBeagle]

state of child-north carolina
state of father-florida

I am trying to get some advice on our situation.I am just married and my husband is having problems with his daughters mother( they were not married).he and his exgirlfriend broke up when the child was 3 years old.they have had a verbal agreement over the child support and he has always paid this to her.early on,he would pay her in cash,he didnt realize that this would hurt him later.there has never been an order,but there is no question of paternity.now that he is married, she is very resentful and will not let us come see the girl even without taking her for the day.she will not even let him come alone.she is being very difficult.when he mentioned going to court for an order,she said that she would tell them that he has never paid any support so that they would make him pay back support(after all, he cant prove that he paid her)we are relocating to nc in 6 months.what do we do until then?we want regular visitation but dont want to get screwed with back support..??should we wait until we move to go?? thanks in advance for help..

What is more important? A relationship with the child or the risk of paying more CS? I would be filing papers in court the second I was denied access to my child. No if's or but's about it. I would haul her ass into court and demand regular access!

 

[stepmominflorida]

i appreciate the advice but would we get better visitation right if we did it now or waited until we move? also, how do we get started filing a complaint against her?would it be for the county she lives in?

 

[LegalBeagle]

i appreciate the advice but would we get better visitation right if we did it now or waited until we move? also, how do we get started filing a complaint against her?would it be for the county she lives in?

A complaint needs to be in the county she lives..

It would be better to change the visitation when you arrive in NC as there is a big difference between out of state visitation and in state. However, 6 months is a long time to wait and can effect visitation if she can show that he has not had contact with the child. You best approach is to file now and clearly state you are returning/going to NC.

 

[stepmominflorida]

thank you for opinion.it was very helpful.