he child is 18 (Facts, p. VI 11, 1994). Either parent can file the requisite papers to establish paternity. Once paternity is established, the non custodial parent is endowed with certain rights and obligations with regard to the child. A non custodial father is legally responsible for the payment of child support, but he is also entitled to visitation rights with the child. Unless the parents are able to privately agree upon the amount of child support and visitation, the court will make such determinations (Paternity, p.2, 1999).
It is important to recognize that the issues of child support and visitation rights are completely separate and distinct. Thus, the custodial parent cannot deny the non- custodial parent visitation rights because he has failed to make child support payments. Similarly, a non custodial parent cannot withhold child support payments if the custodial parent refuses to allow appropriate visitation (Hayes, Johnson & Wilson, p. VI 1, 1994). Unfortunately, many women who obtain sole custody of the child erroneously believes that the parental rights of the father have been terminated (Major, p. 40, 1998). This belief can cause apprehension for a non custodial father, particularly in cases of acrimonious divorces, since the mother may conceivably move from the jurisdiction with the child, without informing the father. While custody orders generally contain clauses restricting or limiting the custodial parent from relocating with the child, and state and federal laws make abduction of the child a crime, it is still a concern for a non-custodial father who does not possess day to day control over his child (Herman, pp. 134 138, 1990; ABA p. 91, 1994).
Another significant problem for the non custodial father is that his involvement is necessarily restricted
...