What are the father's rights during a child custody case? 22 Answers as of July 11, 2013

I have a 16 year old daughter with a child what should she do about visitations and child support with the baby’s father. And the father’s mother who would be the baby’s grandmother wants vitiations? There has been a lot of involvement with the grandmother but my daughter thinks there should be something more concrete or in writing, and the father is on the birth certificate.

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
A paternity action should be filed that clearly defines everyone's rights.
Answer Applies to: Washington
Replied: 8/5/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
File a suit to establish paternity and tell grandma to kiss off. A grandparent's access to grandchildren is derived through the parent of the child in question. Put simply, grandma's rights, if any, are derived through the father. Your daughter can literally cut her off and force her to get visitation/access through her son (the proper way of doing it) and thereby, Grandma forces the father to man up. On the suit to establish paternity, that is the proper vehicle to get child support set up, etc.
Answer Applies to: Texas
Replied: 7/20/2011
Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
The birth certificate does not have any legal force. A mother can put any name on the birth certificate, that does not give the man a legal right. I do not understand what else you are asking. Does the 16 year old have a baby? or the child in question is the 16 year old?
Answer Applies to: California
Replied: 7/20/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
You are asking many questions and there is not enough factual information for any type of reasonable reply.
Answer Applies to: Connecticut
Replied: 7/11/2013
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
Yes, your daughter should establish custody and visitation in a formal order for custody and visitation with the father. In the state of California, grandparent visitation is difficult to obtain without the consent of the parents, so your daughter would not be required to have an order for the grandmother to visit the child. Your daughter may at her discretion allow the grandmother to visit with the child.
Answer Applies to: California
Replied: 7/20/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Until a court issues a ruling on custody, your daughter has sole legal custody and placement. If she wants child support, a paternity action needs to be started unless they can come to an agreement.
    Answer Applies to: Wisconsin
    Replied: 7/20/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    In Alabama grandparents no longer have the right to receive grandparent visitation. Since it appears that the baby was born out of wedlock, your daughter is considered the sole custodian both legally and physically of the child.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    In Ohio, the mother is the residential and custodial parent until further order of the court. What she says goes. The grandmother can seek visitation in the court as can the father. The father also can be held to pay child support. Please see a domestic relations attorney soon, you need assistance.
    Answer Applies to: Ohio
    Replied: 7/20/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    Generally, I am not fond of recognizing anyone's rights to visitation of the child except for the parents. The more people to get into the act, the more confusion for the child. Imagine for a moment what it must be like to stuffyour key possessions in a backpack and go to someone else's house every single weekend. Children need stability. They need to know that there is a single constant: Mommy and daddy. My advice to you get your daughter a lawyer to secure a ruling andorderthat minimizes the number of changes in the child's life. Please understand what I say that your daughter should do all can to avoid providing even visitation to you in any court order. The focus has to be on the children.
    Answer Applies to: Indiana
    Replied: 7/20/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If left up to a court, custody decisions will be made based on what a court believes to be in a child's best interests. A parent is not superior to another simply based on gender alone. Each case must be viewed on its own merits and parenting schedules should be crafted wit the particular parents and their schedules and skill sets in mind.
    Answer Applies to: Minnesota
    Replied: 7/20/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    A paternity case would need to be filed to establish formal orders for placement and support. Typically a grandparent's time is during their own child's regular placement time.
    Answer Applies to: Wisconsin
    Replied: 7/20/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You don't say whether paternity has been established. Until that happens, the court is not going to do anything about visitation and support. In terms of grandparent visitation, in Washington, a court is generally not going to order it unless the mother agrees to it. However, once paternity is established, the father may be entitled to some sort of visitation with the child, and, there is nothing to prevent him from visiting the grandmother with the child during his time with the child.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    She needs to file a paternity action to get child support and visitation awarded in a court order. If the father is a minor, it may be difficult tonged child support. The grandmother has no rights under Georgia law.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law they will need to have a parentage action filed to have the court determine the residential and visitation schedule for the child, along with child support. Without that, there are no particular rights established for anyone, including your daughter.
    Answer Applies to: Washington
    Replied: 7/20/2011
    Gulstrom, Henson & Petrie, PC
    Gulstrom, Henson & Petrie, PC | Tami Monek
    Unless a guardianship over the baby is established or there is a court order otherwise, the general rule is that only the natural parents (albeit minors themselves at this time) would have visitation rights with this child. Until a court order is obtained, however, exactly what those rights are for each parent is uncertain. You should file an action to establish paternity, custody and child support on behalf of your daughter if there is great disagreement between the parties involved.
    Answer Applies to: Idaho
    Replied: 7/20/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless the father files and is granted a legitimization, he has no rights to see the child. He does have to pay child support at least once every 30 days or he can go to jail. The paternal grandmother in such a case has no rights at this point. If the father is not paying support, either swear out a criminal abandonment warrant or go to the state child support office.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    she can apply for court orders to address all these issues cooperation.
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You will never know what specific rights & authority anybody has until there is a court ordered parenting plan. Strictly speaking, until there is such an order the father (and his mother) have no rights other than the right to go to court and have the court establish those rights. Your daughter is uniquely wise for her age in believing that something concrete is needed. That something is a court approved parenting plan that needs to be requested through a paternity case as soon as possible. Since your daughter is only 16, the court may feel it necessary to appoint an attorney for her as a guardian ad litem, but she definitely needs an experienced attorney to pursue an appropriate parenting plan with your help. You should consult an attorney as soon as possible in order to decide what can and should be done to resolve everything as soon as possible.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    So long as the parents were never married, the father will not have any custody/visitation rights to the child until he brings an action in Probate and Family Court. However, many times it is in the mother's best interest to go ahead and bring an action herself to establish custody/visitation rights for both parents. Child support is another reason. I would suggest having an attorney assist her with the process and the drafting of a comprehensive parenting plan so that the two of them aren't constantly going back to court.
    Answer Applies to: Massachusetts
    Replied: 7/20/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    Establish a parental relationship ASAP. If she is not receiving state aid, she would get support as well. With regards to the grandmother, unless a guardianship matter has been filed, she has no standing to request visitation. She may watch the child when it is dad's time without an order of the court. Best of luck.
    Answer Applies to: California
    Replied: 7/20/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    The father has equal rights with the mother. That becomes a little tricky if they are both still minors, but it is still their child. Grandparents typically have no rights in Florida, other than what the parents choose to give them. Once they put a time sharing agreement into writing, if it includes time sharing for the grandparents, then it can become difficult to rescind that later. You should really consult with an experienced family law attorney to assist with this matter.
    Answer Applies to: Florida
    Replied: 7/20/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    The mother should file a parentage action.
    Answer Applies to: Washington
    Replied: 7/20/2011
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