What are the fathers rights( visitation or custody) to his child if he never married the mother?
He is having trouble getting to see his child, because the mother is very difficult to get along with and doesn't let him see the child on his weekends if she is upset about something.Is our only option to go to court?
This should answer all your questions:
AS A REMINDER TO ALL SINGLE MEN SHACKING UP WITH A WOMAN. UNLESS YOU LIVE IN ARIZONA OR CALIFORNIA, YOU HAVE
NO (English/Spanish/Italian);
N-O;
NEE (Dutch);
لا (Arabic);
He (Bulgarian);
いいえ (Japanese);
ASSUMED RIGHTS TO, OR SAY ABOUT, ANY CHILD BORN OUT OF WEDLOCK. ONLY THE COURTS CAN GRANT YOU ANY RIGHTS.
I REPEAT, SINGLE FATHERS IN 97% OF THE U.S. AND ITS TERRITORIES HAVE NO RIGHTS. YOU ARE FINANCIALLY RESPONSIBLE, BUT YOU HAVE NO RIGHTS UNTIL YOU ARE GRANTED THEM. THE MOTHER HAS AUTOMATIC SOLE LEGAL CUSTODY OF THE CHILD.
SINGLE MEN MAKE THEMSELVES INTO A SLAVE CLASS THAT MUST ASK PERMISSION OF THE MASTER (THE MOTHER) OR HER LEGAL REPRESENTATIVE (THE COURTS) FOR PERMISSION TO SEE YOUR CHILD. AND EVEN THAN, 60% OF THE TIME, ACCORDING TO GOVERNMENT STUDIES, YOU WILL BE DENIED ACCESS TO YOUR CHILD, LOSING ALL CONTACT WITHIN FIVE YEARS.
SHE GOES TO CHILD SUPPORT ENFORCEMENT TO REQUEST AN ORDER PLACED ON YOU.
YOU GET SERVED.
YOU PAY FOR THE DNA TEST.
YOU PAY ALL COURT COSTS.
YOU PAY ATTORNEY FEES.
IF THE CHILD IS UP TO 18 YEARS OLD, YOU PAY RETROACTIVE CHILD SUPPORT, PLUS UP TO 18 YEARS INTEREST PENALTIES, BASED ON YOUR CURRENT INCOME, NOT WHAT YOU’VE EARNED OVER THE YEARS, EVEN IF YOU WERE UNDERAGE AND NOT WORKING AT THE TIME SHE GOT PREGNANT.
SINCE THE HEARING IS STRICKLY MEANT TO ESTABLISH SUPPORT, YOU WILL NOT BE ABLE TO FILE FOR CUSTODY AND/OR VISITATION RIGHTS. THAT REQUIRES A SEPARATE HEARING, WHICH YOU WILL ALSO PAY FOR.
WHETHER YOU ARE LIVING WITH HER OR NOT, YOU VOLUNTARILY SELL YOURSELF INTO SLAVERY THE MOMENT YOU TOOK YOUR PECKER OUT OF YOUR PANTS WITH A WOMAN YOU WERE NOT MARRIED TO. SHE HAS 100% OF THE RIGHTS AND YOU HAVE NONE.
I've worked with divorced and single fathers for 20 years.
You have an up mountain, not hill, battle ahead of you. In a word, prepare, prepare, prepare.
Get an order enter forcing a DNA test, unless one has already been done.
DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIALY RESPONSIBILITY FOR THE CHILD.
Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying.
If one has been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000
Take a certified parenting course. The court is going to order you to take it anyway, so by showing you’ve taken it only looks good to them.
Start keeping a daily journal of all you activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/
The court will order you into mediation, so take the lead first. Instead of hiring attorneys, suggest to her to go to a mediator and try to hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased.
If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child’s life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.
http://tinyurl.com/GiveKidsAChoice
If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/DadsHouse/
A couple of additional
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/
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February 28th, 2009 at 2:59 am
I find it disgusting when women withold their children from the father for no good reason. Don't they realize they are only hurting the children? Sadly, your only option may be to go to court and seek visitation and or joint custody.
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February 28th, 2009 at 3:27 am
And all these people keep telling me that I'm the one with the problem…just one more example proving my point.
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February 28th, 2009 at 3:51 am
I don't know a lot about this, but I would suggest checking with your local court system or looking at laws regarding this for your particular state. I do know that in some states, if the man has his name on the birth certificate of the child, he is legally the father (even if he did not father the child), that might be able to get him some pull as far as custody goes. However, I do not know your situation in relation to that, so I could not say for sure. Good luck.
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February 28th, 2009 at 4:19 am
Unless there is a custody agreement to stipulate otherwise, he has equal rights to his child. However, possession is 9/10 of the law, so custody is seen by the courts to belong to whomever provides the greatest percentage of care to the minor child. The only way to stress his legal rights for the child is through the courts, but the courts tend to lean towards mothers, unless there is cause to prove that the mother would be unsuitable or unfit.
Be Blessed!
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February 28th, 2009 at 4:48 am
Yes. That is the only way he can legally force her to give him visitation.
Does he pay child support- if he doesnt he should, (not that that should ever influence visitation) he will have to once he goes to court. I do not understand why if she "is upset" how that would affect his visitation, unless there is more to the story. Good Luck
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February 28th, 2009 at 5:27 am
If he has been paying child support since birth, he should go to court to set up the visitation terms. He has a legal right to spend time with his children. It doesn't matter one bit if they were married or not. If he has not been paying child support, there may be limits on how much time he is allowed with his children
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February 28th, 2009 at 5:50 am
I know someone in NY in that boat> it took between 1-2 years for most issues to be resolved. The thing is the mother in my friend's and IN your case is testing the limits of the court's Patience. You MUST go to court and you must have this dad, even if not the husband be working, in a suit, be p-roper, respectful, deny every allegation poof wrongdoing on the part of the mothers. etc. You must ask the court to hold her in contempt of court ordered visitations, etc. and penalize the mother by denying her her child for a few months.
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February 28th, 2009 at 6:17 am
Yes, you need to go to court and get a visitation order established. As an unmarried woman, she is holding all the cards right now unless he has a court order. She, of course, is going to have child support established in the court system as well.
Even though they were never married, he can petition for visitation and a court order regarding custody of the child.
If he already has a court order for visitation, he should contact his attorney with regards to filing for contempt if she is not allowing his visitation. go to the house on his weekend with a copy of the court order, if she does not turn the kid over to him you can try calling the police. Sometimes they get involved, usually not, but at least he will have on record that she is refusing his court ordered visitation
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February 28th, 2009 at 6:29 am
Will be the same as if you were married to her. If your name is on the birth certificate, you have rights to see your child but may have to go to court to get them. Now the only problem of going to court, is that along with visitation rights youll probably get hit with child support to her. If your name isnt on the birth certificate, then a paternal test would be required here to verify that you are indeed the biological father, then the court proceeds from there. now if you are the father, you could go for custody but would have to have the courts rule mom unfit which is usually by child and/or drug/mental abuse charges which is not always easy to prove without police and/or medical records. Chances are high that you will have to take her to court to get your vistation rights started. good luck
References :
Florida Paralegal with a BS degree in Social-Pyschology
February 28th, 2009 at 7:13 am
This should answer all your questions:
AS A REMINDER TO ALL SINGLE MEN SHACKING UP WITH A WOMAN. UNLESS YOU LIVE IN ARIZONA OR CALIFORNIA, YOU HAVE
NO (English/Spanish/Italian);
N-O;
NEE (Dutch);
لا (Arabic);
He (Bulgarian);
いいえ (Japanese);
ASSUMED RIGHTS TO, OR SAY ABOUT, ANY CHILD BORN OUT OF WEDLOCK. ONLY THE COURTS CAN GRANT YOU ANY RIGHTS.
I REPEAT, SINGLE FATHERS IN 97% OF THE U.S. AND ITS TERRITORIES HAVE NO RIGHTS. YOU ARE FINANCIALLY RESPONSIBLE, BUT YOU HAVE NO RIGHTS UNTIL YOU ARE GRANTED THEM. THE MOTHER HAS AUTOMATIC SOLE LEGAL CUSTODY OF THE CHILD.
SINGLE MEN MAKE THEMSELVES INTO A SLAVE CLASS THAT MUST ASK PERMISSION OF THE MASTER (THE MOTHER) OR HER LEGAL REPRESENTATIVE (THE COURTS) FOR PERMISSION TO SEE YOUR CHILD. AND EVEN THAN, 60% OF THE TIME, ACCORDING TO GOVERNMENT STUDIES, YOU WILL BE DENIED ACCESS TO YOUR CHILD, LOSING ALL CONTACT WITHIN FIVE YEARS.
SHE GOES TO CHILD SUPPORT ENFORCEMENT TO REQUEST AN ORDER PLACED ON YOU.
YOU GET SERVED.
YOU PAY FOR THE DNA TEST.
YOU PAY ALL COURT COSTS.
YOU PAY ATTORNEY FEES.
IF THE CHILD IS UP TO 18 YEARS OLD, YOU PAY RETROACTIVE CHILD SUPPORT, PLUS UP TO 18 YEARS INTEREST PENALTIES, BASED ON YOUR CURRENT INCOME, NOT WHAT YOU’VE EARNED OVER THE YEARS, EVEN IF YOU WERE UNDERAGE AND NOT WORKING AT THE TIME SHE GOT PREGNANT.
SINCE THE HEARING IS STRICKLY MEANT TO ESTABLISH SUPPORT, YOU WILL NOT BE ABLE TO FILE FOR CUSTODY AND/OR VISITATION RIGHTS. THAT REQUIRES A SEPARATE HEARING, WHICH YOU WILL ALSO PAY FOR.
WHETHER YOU ARE LIVING WITH HER OR NOT, YOU VOLUNTARILY SELL YOURSELF INTO SLAVERY THE MOMENT YOU TOOK YOUR PECKER OUT OF YOUR PANTS WITH A WOMAN YOU WERE NOT MARRIED TO. SHE HAS 100% OF THE RIGHTS AND YOU HAVE NONE.
I've worked with divorced and single fathers for 20 years.
You have an up mountain, not hill, battle ahead of you. In a word, prepare, prepare, prepare.
Get an order enter forcing a DNA test, unless one has already been done.
DO NOT PAY ANY KIND OF SUPPORT FOR THE CHILD UNTIL A DNA TEST IS DONE, AS IT ACKNOWLEDGES YOUR FINANCIALY RESPONSIBILITY FOR THE CHILD.
Once you begin paying child support, regardless of whether you are the father or not, you can be required to continue paying.
If one has been done, go to the child support enforcement to setup a voluntary order. Wait for them to file against you will result in you paying all court costs of up to $5000
Take a certified parenting course. The court is going to order you to take it anyway, so by showing you’ve taken it only looks good to them.
Start keeping a daily journal of all you activities. The most common way to prevent a father from getting his rights through the courts is a false allegation. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.
Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
http://www.rcfp.org/taping/
The court will order you into mediation, so take the lead first. Instead of hiring attorneys, suggest to her to go to a mediator and try to hammer out an agreement. A mediator is an attorney or paralegal with certified training as a mediator. You each have to pay half the fees in order for the mediator to have the appearance of being unbiased.
If you and the mother are civil, consider Bird Nest Custody. In this the child lives in one home and each parent live there for 3-4 weeks, than switch. You live with friends, family, rent a room, etc. on the off time. In this manner, your child’s life is not disrupted. They are not being shifted back and forth. They keep their own room, friends, school, etc. It is hard on the parents, but than the child comes first. This is the form of custody rocker Ted Nugent had.
http://tinyurl.com/GiveKidsAChoice
If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.
http://health.groups.yahoo.com/group/DadsHouse/
A couple of additional
http://www.fathersandfamilies.org/
http://www.parentalalienation.org/
References :
February 28th, 2009 at 7:25 am
Yes, that's your only option if she's being a jerk. I just hate it when women do that. Ultimately, it's the child that suffers.
A father has equal right to see his child whether he married the mother or not. Unfortunately you'll need to see an attorney and get everything straightened out.
References :
February 28th, 2009 at 7:36 am
yep
if she's not letting him see the child, you cant make her.
The only other way is to go to court.
The father will most likely get visitation rights. however, custody depends on so many things: finish school, job, responsibility, financial status, criminal records, etc. so much goes into those decisions and how easy the process is depends on cooperation on both ends.
Married or not, the baby is still the father's. If the father doesn't get visitation rights by order of the court, theres probably a good reason.
Look into it, and you'll probably want a lawyer too.
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February 28th, 2009 at 7:46 am
IF hes paying child support he should have regular visiting rights ,
go to court
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February 28th, 2009 at 8:20 am
You should go to court and have visitation rights set up, that way she can not stop him from seeing the child without the option of getting in trouble with the courts. You should also document when you have the child and when you where denied access to them.
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February 28th, 2009 at 9:03 am
You need to consult a lawyer.
my friend mildred sent me
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February 28th, 2009 at 9:33 am
I completely agree with video. I have a dreadful ex that I thankfully never married. In seven years I have only ever with held visitation once, and that was because of his anger ssues. I did it all legally through the court though. Other than that, no matter what personal issues I have with him, I make sure I do my part for him to see our kid as long as the environment is safe….no matter how much I despise him.
You will have to go to court. Law enforcement won't typically force visitation. Make sure to document every time she keeps the kid from visiting– she will look like an ass in front of the judge, and could even be grounds for him getting custody if you get a good lawyer.
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February 28th, 2009 at 9:42 am
The court decides when the visitation is available. The Mother needs to cooperate and be fair. He should be able to see the child whether she's upset about something or not. That's only an excuse of convenience. Yes your option is to go to court as it will be the only way to get through to her. The visitation should be monitored by someone just in case the mother wants to falsely accuse the daddy of some wrong doing.
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February 28th, 2009 at 10:17 am
he needs to go to court and set up a legal custody arrangement.
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February 28th, 2009 at 10:39 am
It depends on several factors. Each state is different in determining custody & visitation laws, but there are federal guidelines each state has to follow.
Is the father listed on the birth certificate?
If he is, and paternity has been established, he has to get a visitation/custody order set in place if he hast' done so already. The father can do that in the county in which he resides in and has been a resident in that county for 6 mos. i'd recommend the father getting advice and hiring an attorney that specializes in family law.
If there is an order and the mother is not allowing the father his rightful parenting time, she is in contempt of a court order and the father can show cause her or send in a complaint to the court/friend of the court. the court HAS to enforce the visitation agreement.
If for whatever reason the mother is not allowing the child to see his/her child, whether its a scheduling issue, a health issue with her or the child, she has to go into court and change the order with whatever court the order has been signed in. If she feels the father is unfit, again, she needs to take that up with the court and have it changed but determining that is tough as she has to show proofs. If she's doing it just to be mean and has a grudge/attitude, she's ultiamtely hurting the child's relationship with the father.
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February 28th, 2009 at 11:11 am
I hear about cases like this all the time..you settle this in family court by filing to enforce your visitation rights or file to establish them if there is nothing court ordered, along with any other issues you have with the mother regarding the child. Court order are legal documents that are fully enforceable.
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February 28th, 2009 at 11:34 am
he can be still father to that boy.he wil have rights
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February 28th, 2009 at 12:03 pm
good luck/Bad luck
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February 28th, 2009 at 12:36 pm
Believe me depending why she is upset and before coming to final say we all should know the reasons and the whole story what this woman has gone through with the guy. Men are pigs, and some of them need to be punished.
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February 28th, 2009 at 1:01 pm
i wish I could help. My brother is going through this same exact thing. Let me know if you get any info please and I will do the same.
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