To start, Im not on the birth certificate, nor have i established paternity but i am the biological father.
My ex, recently moved out of state with child because i was not very involved in their lives. But! She gave me the address of a hotel nearby where i could sleep at night, and we could visit during the day either there or in town. Her fiances family doesn't want me knowing their address.
She also said I'm welcome to visit at her families house when she flies out here to visit.
I cannot afford to fly there every month and she is aware of this.
Is she denying me visitation?
"To start, Im not on the birth certificate, nor have i established paternity but i am the biological father." You have no legal right to the child unless you are the child's legal parent.
If you want legal rights to the child, you need to first be established as the child's legal parent.
Once the child is gone from WA for 6 months or longer, WA courts will no longer have jurisdiction to decide issues regarding the child.
You need to act quickly if you want WA to decide issues about the child.
You should review the specific facts with your attorney to find out your legal options.
You don’t say how old your child is. As you haven’t established paternity but you appear interested in the child, I’m assuming your child is young. I would not say that you are being denied access to your child, but I would say there are other ways besides in- person contact that you can maintain the parent-child relationship. If you are serious about a relationship with your child, it is important for you to establish paternity. To avoid having to litigate out of state, you must do that before you child has been out of state for SIX MONTHS. After six months, any action about your child will occur in your son’s new home state.
The court understands that this is a mobile society, that people move around, and Mom can’t be expected to stay in Washington just because Dad is in Washington. And, she has already left. So, you will not be able to bring her back to Washington. However, you can ask Mom for telephone and/ or Skype contacts (or Face time) etc. You can require Mom to provide you an address where you can send written letters and / or cards to your child.
But, if you really want a relationship, you need to file a paternity action and have a parenting plan established. The state of Washington will establish paternity for you and establish your financial obligation for your child at no cost to you.
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