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About James Robinson
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I was a family law attorney for 25+ years. I have been divorced twice myself. One was friendly. The other wasn`t. Let me know how I can help.

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I have been divorced twice myself. One was friendly. The other wasn't. I was a family law attorney for 25+ years.
 
   

You are here:  Experts > Parenting/Family > Step-Parenting > Family Law (Divorce, Family Relations) > What is the best way for a mother to handel this

Family Law (Divorce, Family Relations) - What is the best way for a mother to handel this


Expert: James Robinson - 6/30/2009

Question
The father of my friend’s new had born daughter moves back to Belgium shortly before she was born.  He is deal US/Belgium national and became a legal resident in Belgium.  The child was conceived in the US and was living in the US at the time.  According to CSA I can’t get child support from him because there is no child support agreement with Belgium and he is out of reach of a US subpoena.  The father insists on seeing his daughter in the US, while remaining a legal Belgium residence, with out paying child support, but does not object that the mother supervises the visitation.  Can he get a court and get court ordered visitation in the US with out paying child support Yes or No.  he also wants to talk to her on the phone on a wealky basis in a few years.  The father is deliberately circumventing US law requiring child support by becoming a legal Belgium residence before the child is born and will live there for 18 or more years.  Paternity is not legally established.

Answer
The legal answer is no, he could not get a visitation order without paying support. The moral question is whether a child should know who her father is and have a relationship with the father. Most psychologists would say that is necessary, but the law probably would not make you let him have a relationship.

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