Fathers Rights to see child!?

Question

My nephews mother will not let my brother-in-law or any of his family see him anymore. He has takin a paternity test and pays child support. Does he have the right to see him whenever he wants? He has not been to court for visitation, because of money problems. I know that grandparents and any family of the fathers can get visitation rights in Ohio, because I have talked to the courts. Do you know if there is anyway we could take her to court without dishing out thousands of dollars?? Any information would help!!!

No he's never abused the child. But she has had CPS called on her this year. They had an agreement with themselves before they went to court, that he would see him everyother weekend. She keeps letting him see him and then takes him away a few months later. I dont know why they didnt discuss visitation when they went to court.

Answer 1

If he is paying child support, then he has the right to visitations. It doesn't mean that he can "whenever he wants", but the mother has to make the son available to him for visitation. If he and she can't work a schedule out, then a mediator/the courts will have to come into play.

If I were him, I would contact the county department of family services and find out what can be done for him. Fathers have rights, too. And it sounds to me that his are being violated. If he hasn't been shown to be abusive or a threat to his son, he should be allowed to visit him.

I hope the mother realizes that when the son gets older, and realizes that she kept him away from his father (which WILL happen down the road), that her relationship with her son will be damaged forever. I have seen it happen, and it isn't pretty. Regardless of HER feelings for her son's father, she needs to put her son first, not her pettiness. She will lose in the end on that one.

Answer 2

If there is no court order for him to have visitation rights it doesnt matter how much child support he pays she does not have to LET him see the child/children. In order for the grandparents to get rights they have to file and yes it will go before the court however usually when the father files and he has rights he can take the children to visit the grandparents. I am not saying your brother in law is a bad person but there are reasons she has for not letting him see the baby well beyond what you know of. By the way even with visitatio he doesnt have the right to "see him whenever he wants" nor will he have the right to take him where ever he wants. And it wont cost thousands of dollars to get visitation.

By the way I had CPS called on me because I refused to put my child in a handicapped care facility they must investigate all calls. Mine ended within a few days claiming no reason to continue. So CPS doesnt make someone a bad person. On the other hand my stepdaughters mom has had cps called on her for drugs and abuse and the child still resides in her home even after a custoday battle

Answer 3

He has every right to see his child, so does the rest of his family. My husband has/had the same problem. He has two daughters with his ex-wife. About 7 seven years ago he joined the navy and then she dropped the divorce bomb on him. While he was in he wrote letters,called every chance he got, and went home when he could. Him being away meant he abandoned them and she didn't have to have any contact with his family. And it wasn't a travel issue, everyone lived within an hour of each other.
Well about 4 years ago, after his divorce was final, we met in Connecticut(stationed there), have an almost 3 yr old daughter and she knows nothing of her half sisters. My husband mom is dying and wants to see her grand daughters. But the ex doesn't care.

We don't have too much money either and was on state aid for a couple months (we don't need it anymore,yay!) but we found out that there are some services that helps low income people get divorces, help settle child support, etc.
My husband is doing what he can through the courts to see his daughters and it's helping. He doesn't have to pay too much for legal fees.

Tell your brother-in-law to keep his head up and fight tooth and nail for his rights. Children are very precious and need to know both parents if possible.

Answer 4

Go to the court offices and inquire. They should be able to provide him with the filing procedures. He doesn't necessarily need a lawyer to make the application for visitation. It just helps folks to navigate the system.

However, he could go to the local university or college offering law programs and ask about free legal advice. Often programs welcome the opportunity to practice what they've been learning. That advice is checked by the prof, so it's usually on the mark. They can offer a heads up on how to ensure an easy navigation of the court process.

Your nephew has every legal right to see his children, especially in light of the fact that he has the paternity test and child support on his side. The only way she would be able to block access is if your nephew can be proved to be a threat to the safety of the child.

Good luck!

Answer 5

I'm wondering why visitation rights were not set up when the child support amount was agreed on. If he's paying, he has the right to see the child, maybe not whenever he wants, but it should have been set up in the divorce agreement. If he wants to take her to court, maybe he could find a lawyer that would accept payment on a payment plan or one that works with people who have financial problems. Good luck.

Answer 6

You have to go to court. He only has the rights that the judge says he has.

If he is paying child support, he has already been to court, and should already have a visitation order in place though!

Answer 7

Are the child support payments court ordered? if so at the time they ordered them they should have set a visitation order as well. if not I am sorry to say he will have to get a visitation order either changed or put in place.
was he abusive to her or the children? or is she just being a *****?
check locally there should be a paralegal who can assist him, though not a lawyer, they can show him the proper paperwork to fill out (perhaps fill them out for him) and they do not cost as much as a lawyer. good luck to him.

Answer 8

He has every right to see his child, but unless visitation was actually established in court, she can make visitation difficult. He really needs to take her to court to establish his visitaion schedule.

Answer 9

It wont cost thousands of dollars in family court.

Answer 10

Can't you go through family court, you don't have to a lawyer. You would have to pay court fees.