What can I do to get visitation rights of my son? Do I need a lawyer or can I handle it my myself? 11 Answers as of May 29, 2013

We are not married and the mother dictates when I can see our child.I have only seen my son 3 times in the span of four years.

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Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
If you are in Florida, you need to file a Paternity action in order to establish your rights as the biological father. These rights include the right to be involved in the child's life, as well as having overnight visits and, of course, being required to pay child support. If you are not sure how to proceed, you should consult with and retain an attorney to assist you.
Answer Applies to: Florida
Replied: 5/29/2013
Shimberg and Crohn, P.C. | Jonathan Shimberg
Would you do open heart surgery on yourself? You can represent yourself, but it may take more time and you may get nowhere. Are you on the birth certificate? Did you sign a VAP at the time of the birth? You need to file a Petition seek visitation . Without a court order, you have nothing to enforce your rights. Note if you are not paying support now, you will be ordered to do so.
Answer Applies to: Illinois
Replied: 5/29/2013
Law Office of Eric S. Lumberg | Eric S. Lumberg
You need to establish paternity and then get a custody and parenting time order. It would be helpful to consult with an attorney and file the proper paperwork.
Answer Applies to: Michigan
Replied: 5/29/2013
Ronald Main & Associates | Tracian M. Laignel
You can file a paternity action which establishes that you are the father of the child and also establishes custody, visitation and child support. You will need an attorney to help you with this action, in my opinion. One word of warning though, under Title 10, Section 83 of the Oklahoma Statutes, in an action to establish paternity, your child's mother will have the right to go back up to five years and seek back child support as well as costs of the birth and pregnancy of the child. Going forward, after paternity is established, you will be responsible for child support until the child turns 18.
Answer Applies to: Oklahoma
Replied: 5/29/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
If you want it done right, hire an attorney. You need to file a petition for custody and child support.
Answer Applies to: Idaho
Replied: 5/29/2013
    Kingloff & Travis | William K Travis
    File a legitimation petition and ask for parenting time (visitation) with the child.
    Answer Applies to: Georgia
    Replied: 5/29/2013
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    You need an atty and soon. The longer this goes on the more the status quo is established and that gets more difficult to change.
    Answer Applies to: California
    Replied: 5/29/2013
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    If you have not established your paternity of the child through the courts, then the mother is considered to have sole custody of the child. You need to file a petition to Determine Paternity with the courts. Once that is granted, you can ask the court to order a Parenting Plan that includes time-sharing for both parents.
    Answer Applies to: Florida
    Replied: 5/29/2013
    John Russo | John Russo
    4 years what have you been waiting for your son to graduate high school, the longer you do nothing the more plausible you make her argument that you don't bother with the child and the courts are not moved by the "she would not let me see the child defense" the courts position is that what you are doing now you could have done 4 years ago. You should retain counsel a good family law attorney, not just an attorney without legal help the system will move very slowly and if you do not know what you are doing you will be frustrated.
    Answer Applies to: Rhode Island
    Replied: 5/29/2013
    Kunin &Carman | Ishi Kunin
    You need to file a motion with the court. You can see if the court has a self-help office or if there are forms online for your court.
    Answer Applies to: Nevada
    Replied: 5/29/2013
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    If paternity has been established, as the non custodial parent you would be subject to the IND parenting time guidelines. These provide for a minimum visitation in the event the parties cannot agree or remain flexible on the issue. A petition to enforce parenting time or rule to show cause may to be filed. However, unless paternity has been established that too will have to go before the court. While you may attempt to do this yourself, you may not be prepared for the issues that may arise or the proper procedure to be employed to maximize the result you wish. Keep in mind that this is not just mechanical pant by the numbers situation. You would best be served with experienced counsel handling the matter.
    Answer Applies to: Indiana
    Replied: 5/29/2013
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