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What is the best way to do this without retaining a lawyer?

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  • What is the best way to do this without retaining a lawyer?

    Child visitation...

    My son and his live-in girlfriend had the same residence for 3 years. She became pregnant and had a child. At this time he was going to night school, so he stayed home and took care of his daughter everyday while she worked a 20 hr a week job at a bank. She met someone else and decided to move on so she moved out taking the 2 years child. At first she still allowed him to keep the child while she worked then everything changed. She stopped letting him see her saying she was afraid he would leave to come home to Texas and take off with her. The child has his last name but they were never married and in Fl that gave her all the rights, soon she left the state taking Maddie to North Carolina and he was in Florida. He would call her and get to talk to her but now they won't answer his calls and he hasn't talked to her in over a year. He finally gave up and moved back to Texas. He wants to be able to have rights and visitation with his child. I should say also that she deleted the paternal grandparents saying she felt like she was being "judged for her lifestyle" We have never said anything to her about her new boyfriend or life we only wanted to be able to see Maddie. I asked for her to send me her address so I could send Maddie her birthday present in May, she refused and gave me her mother's address in Fl. I told her I would not send the presents to her parents to give them to Maddie so I started searching and found his address. I just sent her a Christmas box and received verification that she got it. My son would like to know how he can go about getting visitations. he doesn't make alot of money and can not afford a lawyer, he knows he will have to pay child support and that is fine, we just wants rights to the child. What is the best way to do this without retaining a lawyer? Thank you Susan Mitchell

  • #2
    re: What is the best way to do this without retaining a lawyer?

    I wish to inform you that your son may file a petition for establishment of paternity and child visitation in the County Family Court where the child resides in NC. The Court always considers the best interests of the child and generally wants the child to grow up with both the parents. The Court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      re: What is the best way to do this without retaining a lawyer?

      Originally posted by susanrmitchell View Post
      My son and his live-in girlfriend had the same residence for 3 years. She became pregnant and had a child. At this time he was going to night school, so he stayed home and took care of his daughter everyday while she worked a 20 hr a week job at a bank. She met someone else and decided to move on so she moved out taking the 2 years child. At first she still allowed him to keep the child while she worked then everything changed. She stopped letting him see her saying she was afraid he would leave to come home to Texas and take off with her. The child has his last name but they were never married and in Fl that gave her all the rights, soon she left the state taking Maddie to North Carolina and he was in Florida. He would call her and get to talk to her but now they won't answer his calls and he hasn't talked to her in over a year. He finally gave up and moved back to Texas. He wants to be able to have rights and visitation with his child. I should say also that she deleted the paternal grandparents saying she felt like she was being "judged for her lifestyle" We have never said anything to her about her new boyfriend or life we only wanted to be able to see Maddie. I asked for her to send me her address so I could send Maddie her birthday present in May, she refused and gave me her mother's address in Fl. I told her I would not send the presents to her parents to give them to Maddie so I started searching and found his address. I just sent her a Christmas box and received verification that she got it. My son would like to know how he can go about getting visitations. he doesn't make alot of money and can not afford a lawyer, he knows he will have to pay child support and that is fine, we just wants rights to the child. What is the best way to do this without retaining a lawyer? Thank you Susan Mitchell
      An unmarried mother automatically has SOLE legal and physical custody over a child born out of wedlock. That remains the same unless/until the presumed father asserts his rights and files a petition with the court to request custody and/or visitation.

      As the parent with sole custody over the child, the mother is allowed do as she pleases. That includes moving with the child where she wishes, and denying visitation with both the presumed father AND paternal grandparents if she chooses.

      Note that there is no WE in this situation. Your son decided not to take the proper steps to assert his parental rights ever since the child was born and basically has given the mother all the power and a "status quo" position. If he wants the right to visitation, he will need to file a petition in the courts where the mother and child have established residency. It can be done without an attorney, but he will have a far better chance if he has one to represent his interests.

      Note also that if your son gets visitation rights, that doesn't guarantee YOU the right to visitations outside his presence. If your son brings the child to you for visits during his court-ordered visitation time, that's one thing, but you shouldn't expect to get visitation time on your own. The courts will usually deter to the parent's judgment in such matters.
      "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."

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      • #4
        re: What is the best way to do this without retaining a lawyer?

        Additionally he will need moms address to get her served, and the filing will need to be done in the county where the child resides.

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