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  1. #1
    Join Date
    Aug 2007
    Location
    texas
    Posts
    7

    Question What Visitation Rights Does A Father Have?

    Im in Texas and so is the father of my baby, there hasn't been any contact with him, he is not listed on birth certificate and there is no child support ordered from him yet. Pretty sure he is bound to file for visitation or custody (can he try to get custody)
    Just curious as to how much visitation or custody is he entitled to?
    My attorney says he can only get a couple hours at the most on weekends and every other weekend, up until the age of 3, and because its a girl, court wont allow overnight visitation until the age of 5 or 6. He also mentioned that because he is not married he can only see her supervised. Is this true?
    My attorney is always busy that its hard getting a hold of him, expecially if my case is pro-bono.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: What Visitation Rights Does A Father Have?

    Whether or not he is married, shouldn't matter whether he gets unsupervised visits or not.
    I'd sure like to see that law.
    If he's not on the BC, and he wants visitation, he will have to prove he is the father.
    He can get a court ordered DNA test.
    If you claim he's not the father, and he is, you could be hit with court fees. So if you know he is the father, save yourself some time, and maybe alot of money, and just tell the courts he is the bio dad.
    Unless you are a real screw up, he won't get full custody.
    He may be awarded joint custody. Visitation should start out slow, with supervised visits, working up to possibly 50/50. The reason it should start slow, is because there hasn't been any contact with the child. I've never heard of a child age having any relevance to supervised or unsupervised visitations.
    Child support and visitation are 2 completely issues. Remember that.
    If he is your babys father, he has every right to see the child. You may not like it, but you chose to sleep with him.

  3. #3
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: What Visitation Rights Does A Father Have?

    Quote Quoting sincastle
    View Post
    Im in Texas and so is the father of my baby, there hasn't been any contact with him, he is not listed on birth certificate and there is no child support ordered from him yet. Pretty sure he is bound to file for visitation or custody (can he try to get custody)
    Just curious as to how much visitation or custody is he entitled to?
    My attorney says he can only get a couple hours at the most on weekends and every other weekend, up until the age of 3, and because its a girl, court wont allow overnight visitation until the age of 5 or 6. He also mentioned that because he is not married he can only see her supervised. Is this true?
    My attorney is always busy that its hard getting a hold of him, expecially if my case is pro-bono.
    You need a new attorney!

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: What Visitation Rights Does A Father Have?

    Quote Quoting Baystategirl
    View Post
    You need a new attorney!
    Does she ever! The "attorney" is nuts if he really believes that a court will legally prevent a father from having overnite visits until age 5 if his child is a girl.

    OP: This so called attorney of yours is not doing you any favors, he is setting you up for ALOT of problems and heartache. Get a consult with a reputable attorney ASAP.

  5. #5
    Join Date
    Apr 2007
    Posts
    541

    Default Re: What Visitation Rights Does A Father Have?

    I'm sorry, but I have to question WHAT reputable atty would tell you that.

    If and when the father files for custody/visitation, as long as he is found to be fit (and at this point, nothing you have posted has added up to that he is not) he will most likely be given joint custody of some type. Once he is the legal father and files, the court will determine how much he is "entitled" to. The fact is that morally, he is entitled to as much time as you are. There is nothing wrong with the father caring for his child overnight, whether that child be male or female. As a matter of fact, TX specifically dictates that no preference be given to the father or the mother based on sex or marital status once a proceeding is underway. Until he files for and is granted custody, you are the custodial parent. I can almost guarantee that he will be given joint legal conservatorship (that means that he will have equal say in making decisions that concern the child) and has a very good chance of being granted joint physical conservatorship. It is very rare in Texas that one parent is given sole physical and sole legal conservatorship.

    Get a new atty. The one you have is taking your money to blow sunshine up your wazoo.

    Oh, and as far as the CS, I already told you that you need to file for it. He is not legally obligated to support the child until there is a court order. You can't blame him for the CS. That's all up to you.

    Just in case you don't believe me, here:

    TX Family Code:

    § 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL
    STATUS. The court shall consider the qualifications of the parties
    without regard to their marital status or to the sex of the party or
    the child in determining:
    (1) which party to appoint as sole managing
    conservator;
    (2) whether to appoint a party as joint managing
    conservator; and
    (3) the terms and conditions of conservatorship and
    possession of and access to the child.

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