What rights does a father have to custody or visitation if he never married the child's mother?

Question

If you are a man who did not marry the mother of your child but lived together for four years, what do you do to get custody or visitation if she is keeping daughter away?

Dorothy Spinelli · Answer

File Legit Petition  Look on Fulton county family website for form.

Mark Brown · Answer

You must file with the court a Petition for a Parenting Plan/Residential Schedule.

Tajara Dommershausen · Answer

You need to file a motion for custody and placement.

Gregory Crain · Answer

File for paternity and visitation.

Bruce Arthur Plesser · Answer

Yes. Get court order.

Cassandra Savoy · Answer

Public policy in New Jersey requires both parents to remain involved in their children's lives even if the parents no longer want to be involved with each other.  Who gets custody is a function of what is in the best interest of the child.  The determination of the child's best interest usually requires an investigation and a hearing.  Parenting time or visitation does not require a hearing.  You need only apply, and unless there is something unusual, you will more than likely be given parenting time.

Barbara A. Fontaine · Answer

File a motion for custody and visitation in Family Court. You probably need to show you are on the birth certificate or would have to request a  DNA test to prove you are the father. Are you paying some child support? That would be a good idea.

Steven Alpers · Answer

You must file an action to determine parent child relationship and ask for custody and visitation.

Daniel B. Rubanowitz · Answer

There is a presumption that it is in the best interest of minor children to have both of his/her parents in his/her life.  Depending upon the other facts, you would have the same custodial rights as any other parent whether it be a paternity case or dissolution of marriage case.  You should consult with a Family Law Attorney.  Good luck.

Mindy Bish · Answer

An unmarried father needs to file a paternity action to establish that he is the father of the child.  The Court will then order appropriate custody, visitation, and child support for that child.

Timothy Byrne · Answer

You will need to bring a paternity, support, custody and visitation action against the mother if you wish to have a judge decide any of these issues.

Dennis P. Mikko · Answer

As the biological father, you are a parent who has rights to see and support the child.  If the co-parent is keeping the child away from you, you could file an action in court seeking a custody order.  The order would also spell out parenting time and child support.  It would also make a legal determination that you are the father of the child.  Once entered, both parents would be required to abide by the terms of the order or face possible contempt for violating the order.  Once the case is filed, it would be hoped that you and the mother could reach agreement regarding your daughter.  If that is not possible, the court would hear testimony and make a determination that would be binding on both of you.

Gary Russell · Answer

Assuming paternity has been established (i.e, you are on the birth certificate), then you have standing to file a complaint with the court seeking a determination of custody, parenting time and support.  If paternity has not been established, then you must file a paternity action, to try to establish paternity, once that is established, the court will then make a determination on custody, parenting time and support.

Joanna Mitchell · Answer

You need to file a legal action to establish your rights as the biological father. 

Once you are legally established as the biological father, and as long as there are no factors that would prohibit you from seeing your child (such as arrests, DUI's, etc.), then both visitation or timesharing and child support would be established.

John Brennan · Answer

You have the same rights as you would have had you married her.  Call for an appointment and with details.

Clayton Lockhart · Answer

If you are the child's natural parent you have as much right to custody/visitation as the other parent does, regardless of gender.

If paternity hasn't been established yet, then file a petition to get paternity established and in your petition ask for custody or visitation to be established.

The court will make a determination on the custody and visitation issues and once that has been done, then you will legally have the rights to your daughter and if those rights are being violated, then go back to court on a contempt petition and let the court decide what to do.

John Rivers · Answer

Until you establish the legal parent-child relationship, the mother has complete control and authority over the child. You need to file a Petition for Legitimation.

Steven D. Dunnings · Answer

First you have to establish you are the biological father in court. A birth certificate listing your name as the father does not count.

Robert De Groot · Answer

File a petition to establish paternity and get your rights established.

Melvin Franke · Answer

A lot. you need to hire an attorney to file a paternity case.

Leonard A. Kaanta · Answer

You would have to bring a paternity case and ask for visitation, otherwise under Michigan law, you have no rights.

John Jordan · Answer

You file a paternity action.   This will establish custody and visitation. As long as there is no reason to keep you away from the child, the court will allow visitation with the child.

Ronee F Korbin Steiner · Answer

Biological fathers who do not marry the Mother are entitled to seek joint custody and equal parenting time.  You should seek advice to pursue.

John Kirchner · Answer

Right now your only legal right is the right to go to court and have the court state specifically what rights you should have once it is legally determined that you are the child's father.  Until then, your only rights are what the mother willingly lets you exercise.  When you file a Petition to Establish Parent-Child Relationship (commonly known as paternity suit) the Court can legally establish your status as a parent and then adopt a parenting plan that is in the best interests of the child, after consideration of all the facts and circumstances. That parenting plan will be established by the judge unless you and the mother can agree to what is best for the child.  Once approved by the judge, the parenting plan is an enforceable court order.

Theodora B. Fader · Answer

If the parents executed an affidavit/acknowledgement of paternity, you would need to file a custody action and obtain appropriate orders. If the parents did not execute the affidavit/acknowledgement of paternity, you would need to file a paternity case in order to establish that you are the child's father.

Harry Roth · Answer

If you have been involved in the child's life and you are, in fact, the father, you have rights. To enforce those rights, bring an action in Superior Court. Begin with a Petition to Determine Parentage, basically a paternity case, asking the court to find that you are the father and to make orders regarding custody, visitation and support.? Be prepared to pay support. With rights go duties.

Loren Zahn · Answer

File a Petition to Establish a Parental Relationship and a motion to obtain custody and visitation orders.

Monica H. Donaldson Stewart · Answer

When the parents were unmarried, the father can file a Paternity action, asking the court to declare him the legal father of the child, and also asking the court to establish orders regarding custody, parenting time and child support.

Brook Goddard · Answer

You need to file what is called a parentage action, through which you may obtain an enforceable parenting plan.

Michael Yeksavich · Answer

File a paternity case and have the court enter orders for custody and visitation  and child support.

Dean Esposito · Answer

You have just as much right to custody and visitation as if you were married.  You would need to file a petition to establish custody and visitation in order  for the matter before the court and have the court award such.

Timothy Lopez · Answer

In California, the fact that you were not married to the mother makes no difference to the courts when determining what, if any, parenting plan serves the best interests of the child.

Glenn Tanner · Answer

Petition to establish a parenting plan. You have a right to have a parenting plan that is in the best interest of your child  Confidential Communication If you have received this transmission in error.

James Lentz · Answer

You go to court.  Absent an order of the court, mother is the sole residential parent and sole custodian of the child.  Absent an order of the court, she can let you see the child or deny you visitation in her complete discretion.  Paying child support makes no difference.

Cristian Michael Towers · Answer

As the child's natural father, you may petition the court for custody or parenting time. Unless it can be demonstrated that having a relationship with this child would not be in your daughter's best interests, you will at least be granted parenting time in some capacity. Getting a change in custody would be a little more difficult and require a more detailed analysis of your circumstances. The court will base its decision on what is in the best interests of the child.

Gregory Graf · Answer

File a Petition for allocation of parenting responsibility.  Until the Court enters an order to the contrary, the father has the exact same rights to parenting time with the child as the mother.

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What rights does a father have to custody or visitation if he never married the child's mother?

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