he loves his son very much it is the one and only child he has had and the only one he will have, she is a **** mother she is now preg. agian and is on probation so is her new husband.... My cousin would just like to know what does he have to do to get in writing visitation rights to his son? He pays child support every week and never been late , she use to give him every weekend now all of a sudden she wont let him keep the baby over night and it is only when she says that he can see him that she allows???? How can she get away with that?
2007-01-15 21:20:40 · 8 answers · asked by lonley in Ohio 2 in Family & Relationships ➔ Marriage & Divorce
He needs to file papers with the court...
2007-01-15 21:26:00 · answer #1 · answered by ABBYsMom 7 · 2⤊ 1⤋
He needs to petition the courts for RULE TO SHOW CAUSE---if the child support is court a RULE TO SHOW CAUSE -will accomplish visitation etc--(the cause would be setting up court ordered visitation) There should be something in place spelling out every weekend---every other holiday---as well as lengthy time in the summer months.) Get yourself a good family law attorney and have your cousin aim high for what he believes in and establish the needed visitation too. While doing this also have him demand DNA testing to make absolutely sure that this child is biologically his. Just because he thinks the child is his doesn't mean it's so. Do you realize that if paternity hasn't been established in the courts the child support he now pays can be over turned if he is not the biological father to this child? Just because he had a relationship with this person doesn't necessarily mean he's the father to this child. I would suggest getting a DNA test too to make absolutely positive this child is his.
Good luck in your court proceedings!
2007-01-16 06:49:13 · answer #2 · answered by aunt_beeaa 5 · 0⤊ 0⤋
Your cousin will need to consult with an attorney that specializes in family issues to file for visitation. He may even be able to prove she is an unfit mother, since she is on probation, if he would like sole custody. Until it goes to court and the judge makes a ruling, the mother will have an upper hand.
2007-01-16 05:31:12 · answer #3 · answered by Anonymous · 0⤊ 1⤋
He needs to find an attorney in Ohio ( I know many) to file a Complaint for custody. If they were never married it will be a little more difficult because Ohio law gives the mother full legal rights to the child and none to the father until he files for them in court.
2007-01-16 10:49:51 · answer #4 · answered by stacilynn26 3 · 0⤊ 0⤋
tell your cousin he needs to hire a family lawyer fast and needs to take her back to court. your cousin is going to have to prove shes a unfit mother in order for her rights to be relinquished and that isn't a easy feet. courts in the US favor the mother even if shes living in a box and is a drug user. if he can't do that then he needs to have it in writing what visitation he can have so if she wont' let him see his kid on his day he can take her back to court and possible get more visitation or get sole custody and she gets visitation. best thing is to talk to family lawyer, be prepared its expensive.
2007-01-16 05:26:53 · answer #5 · answered by athena9980 2 · 1⤊ 0⤋
The guy needs the best Lawyer he can afford in that field. She is calling the shots and loving the fact she is driving your cousin nuts with anxiety. Tell him to do things legally and not show her she is getting the best of him. It will take time, but he can get the child....he can't give up....
2007-01-16 05:29:31 · answer #6 · answered by brown eyes 4 · 0⤊ 1⤋
She can't legally get away with it. Tell your cousin to get a lawyer. He can fight for custody. At the very least he can get court ordered visitation.
2007-01-16 06:29:00 · answer #7 · answered by mjm52 4 · 0⤊ 1⤋
first off,,, it's easy for you to take sides since this is your cousin your speaking of.....
secondly......courts can decide parental rights and visitiation, etc...if your cuz is unhappy with the situation then he can go to court and get somethin in writing..........
thirdly, butt the hell out of this because it's none of your damn business no matter how you cut it unless the ***** he had a baby with is you!!!
2007-01-16 05:29:03 · answer #8 · answered by Anonymous · 0⤊ 1⤋