If Ihave a 6 month old daughter with my husband, canI get a divorce without him getting visitation but my still getting child support?

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If Ihave a 6 month old daughter with my husband, canI get a divorce without him getting visitation but my still getting child support?

We separated when I was 4 months pregnant with our child; she is now 6 months old and has never met him.

Asked on January 12, 2012 under Family Law, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your situation. Unfortunately you can not deny your husband visitation and some form of custody of your daughter if he wants to enforce his rights unless the situation would be considered harmful to the child.  Harmful means really harmful and some thing that is documented.  The courts do not deny rights of parents easily and rather try and promote relationships between children and their parents. But you should indeed apply for support even before you file for divorce.  Good luck.


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