Out of state custody & visitation, non-married


Dear TxDad:

Greetings. First, you need to ask yourself if this child is not biologically yours and you are still ordered to pay child support, will you? Now, if the answer is yes, continue to pay, but if the answer is no, then petition for a paternity test and get your answer. The court can mandate a paternity test, but you have a limited window of when you can request one and when you cannot one.

Sure, there are always legal ways to resolve things out of court. First, you may want to hire an attorney. They can talk to your ex (or your ex’s attorney) and help negotiate a resolution to the custody situation.

The bottom line is that if you want your rights to your child, get them, since you cannot regain any time you lose with a child. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


I have a 12 year old daughter from a relationship in college. My daughter’s mother and I were never married. For years, we verbally worked out support and most of the time, we agreed on visitation. Recently, I informed my daughter’s mom that I was engaged. Now she refuses to let me see my daughter unless I travel to NC. I live in Texas. She sued me for more child support last year but dropped the suit after being petitoned for a paternity test. I’ve never questioned whether my daughter was my biological child but after she sued me, I wanted to secure my parental rights and filed for legal custody. My question is, if I sue her in NC, what guarantee do I have that she will take the paternity test? Also, is there a legal way to resolve this out of court?