My ex-girlfriend will not allow me to see my son. What can I do?
This is a common question and I am often giving the answer of: Nothing, until you go to Court .
The grim reality is this: Fathers who have children that were born out of wedlock are at a legal disadvantage unless and until they assert their rights in a Court of law. When a child is born out of wedlock, the mother automatically has sole legal and sole physical custody of that child. Further, the father has no right to parenting time (visitation) unless the mother agrees. In addition, child support is independent of custody and parenting time. This means that a child support order may issue, without any reference to custody or parenting time.
Only a court order can bestow upon the father his "rights" when it comes to his child. A court order results only in two situations:
- First, the parties can agree to custody and parenting time. If this is the case, that agreement must then be reduced to an Order to be signed by the judge. Once the Order is signed by the judge, it is binding and can then be enforced.
- Second, the Court must decide. If you and your child's mother cannot agree, you must then file the necessary paperwork with the court, asking for the Court to make the final determination.
The good news is this: Rights for the father do exist. Until he petitions the court, however, there is little he can do to see his child or voice his opinion regarding the child's upbringing.
© 2008 Hellmuth & Johnson, PLLC All Rights Reserved
ABOUT THE AUTHOR
Christopher M. Banas heads the family law department at Hellmuth & Johnson PLLC. He is a member of the Collaborative Law group. In 2007 and 2008, he was named to the Rising Star list by Minnesota Law & Politics Magazine, represented among the top 2.5% of young attorneys in the state. For more information on this and other matters.
Contact Christopher M. Banas at 952-746-2163 or or Visit Web Site
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