What child custody rights do I have? 19 Answers as of November 28, 2011

The mother of my child will not let me keep my son because she doesn't want me to take him out of state.

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Bruning & Associates, PC
Bruning & Associates, PC | Kevin Bruning
You need to file an action to establish the parent-child relationship. The court will only let you take the child out of state if it finds that you are entitled to custody, it is in the best interest of the child to be moved from state of Illinois.
Answer Applies to: Illinois
Replied: 11/28/2011
Reza Athari & Associates, PLLC | Seth L. Reszko
Your specific rights cannot be answered by an email. I encourage you to consult with an attorney to discuss the specific facts of your case.
Answer Applies to: Nevada
Replied: 11/17/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you are not married and if there has never been any judicial proceeding to establish your paternity and any parental rights, you do not have any rights except the right to go to court and have a judge decide what rights you should have that will be in the best interests of the child.
Answer Applies to: Colorado
Replied: 11/17/2011
Ruiz Law Group, P.C.
Ruiz Law Group, P.C. | Frances Ruiz
You need to establish your parental rights in court.
Answer Applies to: New York
Replied: 11/17/2011
Michael D. Fluke, P.A.
Michael D. Fluke, P.A. | Michael D. Fluke
As an unmarried father, there are no rights toward a child until legal paternity is established. In Florida, one can establish legal rights and obligations through a Paternity action. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
Answer Applies to: Florida
Replied: 11/17/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You need to file a motion with the court seeking parenting orders that expressly state your in state and out of state parenting plan.
    Answer Applies to: California
    Replied: 11/17/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file a paternity action to establish your rights legally as the biological father and establish a timesharing or visitation schedule. You have equal rights with the mother, but not until they are legally established. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 11/16/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You need at least visitation granted by a court order to have any legal rights to your child. Once you have a court order, you can file contempt of court charges for denying you this rights given by the court order.
    Answer Applies to: Alabama
    Replied: 11/16/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Well, before anyone could answer that, there is further information you would need to provide. Were you and the mother ever married to each other? If not, has paternity been established? Is there a parenting plan or other order involving the children? The answers to these, and other questions are going to characterize what type of case you have and what sort of rights you have, if any.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If you have a parenting plan, your plan tells you your rights. If not, get one and that will tell you your rights. If your on the birth certificate or signed the acknowledgement of paternity, you have as much rights as the mother.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    There is no way to answer this question with the information you have provided. Do you have a court order? Do you have joint custody? Does she have sole custody? Do you have placement times defined? If you have an order, that is the rule. If you want it modified you can ask the court to revise custody and placement. If you have never been adjudicated the father, the mother has sole custody and you have no rights.
    Answer Applies to: Wisconsin
    Replied: 11/16/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends greatly on your current situation. If the parents were not married, by default, the mother is the custodial parent and the father would have no enforceable parenting rights until they are established by a court. If a man is not married to a child's mother when the child is born, he can become the "legal" father through the "Recognition of Parentage" (ROP) process or by Court Order. However, such an adjudication still bestows no custody or parenting time rights on the father. To get a Court Order establishing paternity and establishing custody or parenting time, the father must commence an action for paternity, or where paternity is established, for custody and parenting time, in the local District Court of the county where the child lives. In the end, the longer a father waits to establish custody and parenting time, the more difficult seeking a reasonable custody resolution and/or parenting schedule may become. If the matter cannot be resolved by agreement, Courts make custody determinations based on what the court believes is in the child's best interests. Most courts do not view 50 -50 custody as a viable option believing that it provides the child with little stability. As a result, in most cases, the court will award primary physical custody to one parent while the other will have a parenting schedule. Often, seeking primary physical custody is advisable to seeking joint physical custody in order to acquire a more favorable resolution by agreement. The court will consider any relevant facts in making a custody determination including 13 specific factors outlined in Minnesota Statutes. Your case should be carefully framed to address each of the relevant statutory factors to be effective.
    Answer Applies to: Minnesota
    Replied: 11/16/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    I infer that you and the mother are not married. Under Washington state law, as the biological father, you can file a parentage (i.e., paternity) court action to establish your rights and duties as a parent to the child. Using this process, you will obtain a court ordered Parenting Plan that will provide you with residential time with your child - including the right to travel with him out of state.
    Answer Applies to: Washington
    Replied: 11/16/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    "Mother of my child"? I have to assume you were never married. I also assume you never went to court to have the court assign parenting and visitation for you. So in Ohio, absent a court order to the contrary, the mother of a chid born and conceived out of wedlock is both the residential and sole custodial parent. That means that what mom says goes, and if she gets mad at you, she can cut off your visits completely. Please consult a domestic relations attorney for further information about this issue.
    Answer Applies to: Ohio
    Replied: 11/16/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You have the right to bond with your child. You might want to file a complaint for parenting time at the local county court.
    Answer Applies to: New Jersey
    Replied: 11/16/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    If you have not done so already, you can file a paternity case with the court and get a court order.
    Answer Applies to: California
    Replied: 11/16/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are not married to the mother and have not legitimated the child, you have no rights to the child.
    Answer Applies to: Georgia
    Replied: 11/16/2011
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