Does my husband need an attorney to get visitation rights? 7 Answers as of October 21, 2013

Here's the story: my husband received a paper in the mail saying he had a child by his ex girl friend and need to take a DNA test. So he did and it came back positive. Ever since we've been pay child support. We are still trying to get on our feet with being newlyweds and all. I was wondering if we have to have a lawyer to get visitation? Also how would we go about getting a court date and what will we need? Thank you!

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
When your car is broken to you fix it yourself or go to a mechanic. When you get sick do you fix it yourself or go to the Doctor.. Your husband must decide if he wants to have a father daughter relationship with the child then ask what sacrifice you will be required to make. If you do not want to spend the moeny to hire an Attorney I do not think you are ready.
Answer Applies to: Georgia
Replied: 10/21/2013
GordenLaw, LLC
GordenLaw, LLC | Vanessa J. Gorden
Generally, if paternity is not established yet, he will want to Answer and Cross-claim for parenting time. If child support and paternity are already established, he will need to re-open case for modification to get parenting time. There are no pro se self help forms for this type of case and so he will need the help of an attorney to establish his rights.
Answer Applies to: Nebraska
Replied: 10/18/2013
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, a legal action needs to be filed to establish his parental rights to be involved in the child's life and spend time with the child. I would recommend consulting with and hiring an attorney, as that is the best way to protect his and the child's rights.
Answer Applies to: Florida
Replied: 10/18/2013
Simpson Law Office, PLLC | Alexander J. Simpson, III
If the mother refuses to cooperate, you will need to go to court to seek visitation and/or custody of the child.
Answer Applies to: Mississippi
Replied: 10/18/2013
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
It's a petition to Family Court - and he should consult an attorney before filing anything. Custody is something that is a very sensitive issue.
Answer Applies to: New York
Replied: 10/18/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It is not required that he have an attorney - he is entitled to represent himself. But unless he knows how to properly draft, file, and served the required documents, and knows the law regarding custody and visitation and the rules of evidence and how to present his case in court, he needs to get a lawyer to handle the process for him and advise him.
    Answer Applies to: Georgia
    Replied: 10/18/2013
    The Law Offices of Tres A. Porter | Tres A. Porter
    You can file a request for court orders regarding visitation without hiring an attorney. It is usually a bad idea to try and do that without legal advice, but it is not a requirement that you hire an attorney. Of course it is not required that you to a doctor to set a broken bone or stitch up a wound if you are doing it yourself, but it is in your best interest to hire a professional. You should definitely consult a family law attorney in your area as soon as possible.
    Answer Applies to: California
    Replied: 10/18/2013
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