Q: My daughter is 19 months old and saw his father for the first time this january. he never want to see her until i filed for child support. As a right now there in no visitations/custody order from the court we only have child support agreement signed. My ex boyfriend has visitation every saturday 2 hours and we agreed also on one week day but he is visiting only on saturdays. since i am not american citizen i am planing to move back to my home country with my daughter of course with court permission. My question is will my ex boyfriend still pay child support if we move?
A: The father should continue paying the child support, as the child is over the age of majority for visitation purposes. That said, the father MAY file a petition saying that he's been deprived of a relationship without justification with the child & thereby the child's been emancipated. If he does, you may need to litigate that issue. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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