QUESTION
Does my brother need an attorney to get legal rights to see his baby?
Asked on Oct 10th, 2011 on Child Custody - Washington
More details to this question:
My brother and his 4 month pregnant girlfriend are being withheld from seeing each other by the girlfriend's father. He says that they won't be able to see each other until the baby is dead. Do these two individuals have any legal rights, and how can they go about it?
11 ANSWERS
Glen Edward Ashman
They get lawyers.
Answered on Jun 11th, 2013 at 2:07 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It's almost always a better idea.
Answered on Jun 11th, 2013 at 2:05 AM
Steven D. Dunnings
Hire an attorney.
Answered on Jun 11th, 2013 at 2:02 AM
Contracts & Agreements Attorney serving Chantilly, VA
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Raheen Law Group, P.C.
They absolutely do. I strongly suggest your brother speak with an attorney to discuss the facts in detail.
Answered on Oct 28th, 2011 at 1:21 PM
Family Law Attorney serving Everett, WA
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Burkhalter Law PLLC
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Complicated question based on what you have written. Paternity, it seems, needs to be established.
Answered on Oct 28th, 2011 at 1:21 PM
You do not mention if your brother and the mother are adults. If yes, there is nothing her father can say about who sees whom. Your brother can petition for visitation. He will have to pay child support regardless of whether he gets visitation or not. He should make sure he is listed on the birth certificate and then he can enforce his rights and face his legal obligations as the father of the child, regardless of whether they are ever married or not.
Answered on Oct 17th, 2011 at 11:55 PM
Medical Malpractice Attorney serving Clermont, FL
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Joanna Mitchell & Associates, P.A.
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How old is the girl? If she's emancipated, she can make her own choices. However, unless she permits, he won't be able to see the child without establishing his rights in a court of law. I would suggest filing a paternity action either right before or immediately after the child is born so that he can establish his equal right to see and spend time with the child.
Answered on Oct 13th, 2011 at 2:28 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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He should probably consult an attorney who can advise after discussing all the facts and circumstances. It sounds like both prospective parents (or at least the girlfriend) may be minors so her father may have some legal authority. If neither of them is a minor, the father has no legal authority, but it may be necessary to obtain court orders to stop his conduct.
Answered on Oct 13th, 2011 at 2:12 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the girl is a minor, her father can restrict her contact with your brother. When the baby is born, your brother will have to file in court, through his own parent if he is a minor, to obtain parenting time with the child.
Answered on Oct 13th, 2011 at 11:13 AM
Patricia C. Van Haren
Your brother may need to contact the police if he feels that his girlfriend or the baby are in danger. They do have legal rights even if they are underage. If they are over the age of 18, then the girlfriend may leave her home without the parent's consent.
Answered on Oct 13th, 2011 at 9:16 AM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington, without a court order saying so, no.
Answered on Oct 12th, 2011 at 11:36 PM