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Fathers Rights (getting visitation)

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  • Fathers Rights (getting visitation)

    My husband is paying child support for a child who may not be his, the child and mother live in another state. She will not allow him to speak to the child or tell the child that he is her father. He has no visitation with the child as the mother will not allow it, and the attorney general did not give him any paper work. the mother took the child out of state when she was 2, she said she was going to visit family and never returned. So was wondering how do we go about getting visitation or should he sign over his rights? There is no DNA test done at this time and her co worker told him she had been cheating on him when she got pregnant, need answers please!

  • #2
    re: Fathers Rights (getting visitation)

    Court is generally considered the appropriate venue to settle these issues. He needs to file in the location where the child is a resident, unless a prior court action establishing support governs.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

    Comment


    • #3
      re: Fathers Rights (getting visitation)

      well they live in Illinois and when the mother filed we had to go to court here in Texas. So can we file here because we went to court here in Texas?

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      • #4
        re: Fathers Rights (getting visitation)

        It was dads obligation to request DNA at the time of the hearing for child support.
        Depending on the state it may be too late now.

        IV-D agencies do not (and cannot) get involved in visitation. Once again the onus is on dad to petition the court for access. Since they weren't married mom has sole legal and physical custody until/unless dad gets court orders for visitation. So yes, right now mom is free to move where she pleases and prevent access.

        In short dad has to be proactive to get his rights.

        No point in seeking a termination of rights, he has none. It won't stop child support.

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        • #5
          re: Fathers Rights (getting visitation)

          So our next step would be to contact a Lawyer and get a DNA test done... Because in court he tried to request a DNA test and the Attorney General said they had nothing to with that. The mother ask him to terminate his tights before she filed for child support and my husband said no that he wanted to support his child and be in her life. Then the mother told him that she was not his child. Also they were common law married and Texas recognizes common law marriage.

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          • #6
            re: Fathers Rights (getting visitation)

            If they were common law married, he is daddy by legal definition.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              re: Fathers Rights (getting visitation)

              Originally posted by fulltimemother View Post
              So our next step would be to contact a Lawyer and get a DNA test done... Because in court he tried to request a DNA test and the Attorney General said they had nothing to with that. The mother ask him to terminate his tights before she filed for child support and my husband said no that he wanted to support his child and be in her life. Then the mother told him that she was not his child. Also they were common law married and Texas recognizes common law marriage.
              If they were married, then the law recognizes him as father of the child, regardless of whether or not DNA was taken to establish paternity. The law recognizes the married male spouse as the presumed father unless the father challenges paternity or disestablishes paternity within a very limited amount of time. In Texas law, if he didn't disestablish paternity in the first four years of the child's life, he is considered the legal father of that child and cannot disestablish paternity.

              So, how old is the child now?
              "If it ain't in writing, it never happened."
              "A lack of planning on your part does not constitute an emergency on my part."
              "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

              Comment


              • #8
                re: Fathers Rights (getting visitation)

                So then what do we do now? I am all for him being in her life and Iam not against him paying child support but visitation would be nice. Also to actaully find out if she is even his child would be great! the child is 4 and he supported her and the mother for the first two years of her life, then the mother just up ann ran to another state.

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                • #9
                  re: Fathers Rights (getting visitation)

                  Originally posted by fulltimemother View Post
                  So then what do we do now? I am all for him being in her life and Iam not against him paying child support but visitation would be nice. Also to actaully find out if she is even his child would be great!
                  Since he is legally Dad, he has the right to petition for reasonable visitation with his child.

                  Since the child support case is in Texas, I believe that he would petition for visitation with the Texas courts (someone else can verify that for me).

                  Understand that because Mom moved the child out of state, she SHOULD be held for some of the costs associated with facilitating Dad's visitation with his child (the parent who creates the distance is often tasked with paying for transportation costs).

                  As for paternity, while it may address his curiosity, it won't change the fact that he will legally be Dad for the rest of the child's life. Medically speaking, it could be important, but if there's no medical reason to know, it may do more harm than good to find out whether or not the child is biologically his. What will Dad do once he finds out that the child ISN'T his? Will he care for the child any less? Resent the child? Hold it against Mom?
                  "If it ain't in writing, it never happened."
                  "A lack of planning on your part does not constitute an emergency on my part."
                  "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

                  Comment


                  • #10
                    re: Fathers Rights (getting visitation)

                    Not meaning to pee on the fire....

                    Did your husband obtain a legal divorce before your marriage?
                    Due to a recent promotion, I should now be referred to as Major Obvious.

                    I would not be trying to provide information and knowledge if I did not sympathize.

                    Some days it is just not worth chewing through the restraints to face life.

                    Comment


                    • #11
                      re: Fathers Rights (getting visitation)

                      Also my husband believes that she did not want her know he is her father is because she her calling someone else dad. when she and my husband were together she already had a daughter with another man before him, she had her calling my husband dad. she was also getting child support from the childs father but would not let him see her. So he signed away his rights and that ended it. That happened here in Texas. My husband is not trying to get out of child support but trying see his daughter seems to be the battle because of the mother.

                      Comment


                      • #12
                        re: Fathers Rights (getting visitation)

                        Yes they did, and then they ended up getting back together and then she decided to tell him she was pregnant. He had heard rumors that she had been cheating, but he chose not to believe it. So then the baby was born and two years later she up and ran.

                        Comment


                        • #13
                          re: Fathers Rights (getting visitation)

                          The law recently changed in Texas. Dad has one year from the date he is told or comes to believe he's not the father to request DNA. However it looks like he passed that time which is what the OAGs office must've told him when he asked.

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                          • #14
                            re: Fathers Rights (getting visitation)

                            He would have to file where the child now resides since she has been there for more than six months. Paternity has been established since he pays child support (legally speaking).

                            What do to next depends on many factors. What will his stance be if it turns out he's not the father? Will he still want contact with the child? Will support have to continue because he didn't challenge paternity soon enough?

                            First, he needs to speak with an attorney that knows Texas Child support law, to determine if he can still challenge paternity. Then, he needs to decide what he would want if the child isn't his.

                            Comment


                            • #15
                              re: Fathers Rights (getting visitation)

                              Thanks to all who helped answer my question... I really appreciate it. We spoke to an attorney today and we are going after visitation rights!

                              Comment

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