Q: Can I establish visitation rights to my daughter while living in another country?
I currently live in Germany, but my daughter and her mother live in South Carolina, USA. My daughter's mother refuses to grant me any visitation rights, and I was never legally named as my daughter's father when she was born. Her mother and I separated before we knew she was pregnant. I try to visit at least twice a year, more if I can afford it. Until recently I have been paying child support, as much as I could afford, and we had an agreement that the next time I visited, she would give me my rights. Well, the time came, and she refused to do what we had agreed upon. Now I have instead been saving what I can for an attorney. Do I have to live in America to have my rights established? Or is there a chance that I can receive visitation rights while living here in Germany?
A: Since the child was born out of wedlock, the family court in the county where the child resides would have to establish paternity in order for you to exercise visitation. This is accomplished by first filing a paternity and visitation case in family court and requesting a hearing. Paternity can be established as easily as the mother admitting that you are the father. In the alternative, the judge can order a paternity test. After the judge finds you to be the father, custody, child support and visitation can be ordered.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.