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14 answers

When trying to gain access to their child? Well if you have visitation and are being denied you can file a contemt and the mother would have to pay a fine or may go to jail. If you have not filed for visitation you need to have her served with papers asking for joint legal custody meaning you get them every other weekend. Either way unless you were proven unfit the law is there to help you. Good Luck!

2007-01-27 12:13:19 · answer #1 · answered by J&A 3 · 3 0

You do have some rights as the father.

It took my brother two years of going through the tribunal.

He now has his daughter to stay every other weekend and half of all the school holidays. If the mother had her way he would not have had any access at all.

It was a long tear jerking struggle but he got there in the end, hope you have the staying power too.

Good Luck.

2007-01-27 12:43:42 · answer #2 · answered by Jewel 6 · 0 0

If the mother has residency, then the father must firstly prove he is the biological father (if hes not on birth cert)
He then must apply to court for a contact order. This will probably involve the social services and possibly a CAFCASS officer.
He should also prove he is paying some kind of maintainance for his child and that he can provide a stable environment for his child to be when with him.

To be honest, get yourself a damn good solicitor first.
Secondly, NEVER lose your patience with the child's mother - trust me, NOT a good idea.
Thirdly, LISTEN to your child about what s/he wants - parents fighting in court tend to forget the children's wants.

Good luck
Flower xx

2007-01-28 07:50:40 · answer #3 · answered by Anonymous · 0 0

Gaining access to what.. custody? It's possible, but it's hard. But at the same time, if the judge sees the father gaining custody than they gotta see he's some kind of stand up guy. But you have to prove that your child is in an unfit environment, and the mother ain't doing her job. But it depends if you want joint or full custody. Full custody you have to pull out the stops because you gotta have some substantial proof that the child needs to be away from the mother, and that's a hard battle to fight. My uncle is going through that with his son, but my dumb *** cousin screwed himself because the court asked him who he wanted to be with and he said his mom, but now he don't want to be with his mom and he doesn't have a choice until he's 18. He's talking about suicide and emancipating himself but he's 16 going on 17. I told him he helped dig himself on that and he just needs to bite the bullet for a few years. But the best thing is to get the best lawyer you can afford and get ready for a long drawn out dispute.

2007-01-27 12:28:19 · answer #4 · answered by Dr. PHILlis (in training) 5 · 0 0

Go straight to the State's Attorney's Office in the county which produced the document for your divorce. They will help you without charge. You have the right to visitation per the agreement which you both signed in front of the judge. You have a right to have these rights enforced. Keep documentation of each time you are denied your rights, and report that infringement to the police and the State's Attorney. Your children need you. Good luck!

2007-01-27 12:13:38 · answer #5 · answered by Anonymous · 2 0

Equal rights under the law if they can prove they are the biological father. Most courts are impressed with a birth father seeking involvement.

2007-01-27 12:22:53 · answer #6 · answered by Anonymous · 1 0

if you are seperated and you are not paying any child support even if its not court orderd than you shouldnt have any rights until the father is stepping in and being a father. my sons dad barley pays child support and doesnt call ,i have to ask for child support money and i even have to ask him when he going to pick them up, pretty sad right but its his loss bc when they get older they just might not want nothing to do with him and i dont blame them either

2007-01-29 20:08:28 · answer #7 · answered by ijsj56 1 · 0 0

i would have thought if your name is on the child's birth certificate you shouldn't have a problem , but maybe it all depends what happened between the mum and dad to start with, and why she wont grant access

2007-01-29 02:04:30 · answer #8 · answered by Autism's Beautiful Face 7 · 0 0

fathers have a right up to 50% custody

2007-01-27 17:05:15 · answer #9 · answered by Anonymous · 0 0

if your not married then you dont have many rights although you can apply to the courts for a parental order/rights.

good luck

2007-01-28 11:08:05 · answer #10 · answered by thedaddy 4 · 0 0

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