As a father, you have legal rights to see your own child. You can sue her in family court for visitations rights. Keep in mind that if she has reason to believe you will potentially harm her or her child, and she can prove it, there is a good chance that you can lose any parental rights you may have.
2006-07-11 09:02:36
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answer #1
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answered by pceej 4
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In some states if visitation is denied by the other parent, you can get custody.
Make absolutely sure that you are a model parent - no drugs - stable job - good education. Make sure that you are better than the other parent. If you have issues, clean them up. You will still get visitation even if you are far less than perfect, but you always want to look good to the court. Always work on improving your situation.
The first question you want to ask yourself and the mother is why she won't let you see your child? Is it because she wants to raise a child by herself, because she is angry with you or because you would not make a good parent? The first two reasons do not stand up in court. The third reason can determine how much visitation you will get or who should get custody.
The first thing to do is to try to reason with the mother and obtain the visitation you want. Tell her that you would prefer to do this over going to court. Tell her she stands a better chance of working something out with you than if you both had to hire costly lawyers to do the same thing. Tell her she basically has two choices. Ask her whether she would rather deal with you or an attorney.
By the way, make sure you get an excellent education and a good job so you can always afford an attorney to fight court cases such as these. Education and money are power.
Document everything with regard to you and the mother for the courts - put things in writing. If she is a liar, send letters by certified mail. Make sure you can prove that you are the one telling the truth. Remember a liar can walk into court and say that you have never expressed an interest in visiting your child. If you can pull out a certified letter showing otherwise, the court will be on your side.
Know what you want. Do you want to raise this child? Do you want to see this child 1/2 time? Think only of your child's best interest. Don't do anything to spite the other parent. If it is your intention to have her raise the child, send reasonable support checks to her to show that you are a good parent. If you do not stick to your other obligations, then consider asking for minimal visitation until you are sure that you will show up on a regular basis.
If the mother will not let you visit, hire an attorney or go to the clerk's office in the court building. Ask for a pro se (free) attorney. If there is not a free attorney ask for help from the clerks if you do not understand what you need to do with the forms. Tell the clerk that you want to have visitation with your child. Ask for the forms that you need to file with the court and ask how much it costs to file.
Generally you fill out the forms, you serve the other party, keep a copy for yourself and give one to the court. The other party may file a response. Usually you can file a response in answer to their response.
Ask the clerk how you get a court date. Stay on top of this date! Make sure you have no drugs in your system because if the other person accuses you of drug usage, you will be given a drug test.
You will need to be prepared to make a statement before the judge. If you would like, you are allowed to sit in on other court cases in order to get an idea of what you need to say.
Once the court orders visitation, if the mother does not make the child available, she is in contempt of court and you will need to reappear in court. I would ask the judge in my original filing to make sure he/she states the consequences of not providing visitation as ordered by the court so the respondent mother is more likely to provide visitation.
By the way, the court may need to rule that you are the father of the child, since you are not married.
- not an attorney
2006-07-11 10:05:22
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answer #2
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answered by Anonymous
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i dont feel a child should ever be held away from there children unless they have put the child in danger if your not doing anything wrong then the best thing to do is take it to court then she has to let you. you might get orderd to pay child support but its the right thing to do you need to be in the childs life. and if she dont give you the right after its order then she will get contempt of court and that court be jail time
2006-07-11 09:53:59
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answer #3
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answered by Anonymous
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Then you need to go to family services and get legal aid or hire a lawyer to go to court to get an order to see your kid. Make sure that you are current with your child payments, it will work better in your favour
2006-07-11 09:54:04
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answer #4
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answered by mommy_2_liam 7
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Take her to court, fathers have rights too. She needs to be told how the world works now adays. My ex hasn't seen my daughter in almost 2 years, by his own choice, she should be glad that you want to see your child, do the right thing, get your visitation.
2006-07-11 09:09:31
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answer #5
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answered by bemassey2 2
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I assume you are the unmarried father of your girlfriend's baby. As the "father on record" you have certain rights. If you can't afford an attorney, you can go to a public defender. Look in the yellow pages in your area for listings.
2006-07-11 09:04:30
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answer #6
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answered by Ex New Yorker 2
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If you are listed as the father on the birth certificate, you have certain paternal rights. You can take her to court, but that could also mean child support payments if you don't have them already.
2006-07-11 09:07:18
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answer #7
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answered by fortuitousoppty 5
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unless the woman has a reasoning for not letting u see your child take the woman to court and present ur case u have all right to see your baby
2006-07-11 09:04:35
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answer #8
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answered by Anonymous
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statement not a question and I'm not quite sure how to respond to that one. After all, it's YOUR kid and unless you are really jacked up on drugs or something, you have the legal right to be with that kid.
2006-07-11 09:01:46
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answer #9
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answered by Report Abuse 6
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I would take her to court! That is not right! You should be able to see your own child~! That is just not right!
2006-07-11 09:11:38
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answer #10
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answered by Courtney Marie 2
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