My question involves a child custody case from the State of: Texas
Can a father modify his orders to get more visitation with a child who is 1yr of age? He said he was told that he had no legal rights to his daughter until she turns 3 because he was not married to the mother. Because of his work schedule, he could only see her on his days off and only care for her while the mother was at work. Usually, that meant from 9am-2pm. The mother did not want the father in the baby's life whatsoever so she limited the time he could see her as much as she could. She wont even let him buy the baby anything. She will just throw it away or tell him that the baby doesnt need anything from him. They just moved, but she did not make it clear where she was moving to. She has no plans on letting him see her. Even if he does get to finally see her when she is 3, how is she supposed to be comfortable with him? She wont even know him. I dont understand how a court could possible think that keeping a father from his child is in the best interest of a child. What does he need to do to fight this in court?
How to Get Visitation Rights to an Out-of-Wedlock Child
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02-17-2016, 07:06 AMFH0117How to Get Visitation Rights to an Out-of-Wedlock Child
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02-17-2016, 07:58 AMadjusterjackRe: How to Get Visitation Rights to an Out-of-Wedlock ChildA lawyer.Quote:
Quoting FH0117
He's obviously getting bad advice from somebody who's not a lawyer:
"he was told that he had no legal rights to his daughter until she turns 3 because he was not married to the mother." -
02-17-2016, 09:57 AMllworkingRe: How to Get Visitation Rights to an Out-of-Wedlock ChildHe has no legal rights to his daughter until he goes to court and gets visitation/custody rights, because he was not married to the mother. It has nothing to do with age 3 or any other age.Quote:
Quoting adjusterjack
Therefore he needs to get himself to court to get his rights established. -
02-18-2016, 01:38 PMFH0117Re: How to Get Visitation Rights to an Out-of-Wedlock Child
He said a few lawyers and the judge told him this. He has been to court to set up visitation and child support. Because of his work schedule, they didn't allow the standard every Thursday, every other weekend, ect. I really dont see why his work schedule matters. If its his day to have her, then it should be his responsibility to find suitable care for her.
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02-18-2016, 01:47 PMDogmatiqueRe: How to Get Visitation Rights to an Out-of-Wedlock ChildHe's lying to you. Or he doesn't understand what he was told. Pick one.Quote:
Quoting FH0117
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02-19-2016, 06:48 AMkroenke88Re: How to Get Visitation Rights to an Out-of-Wedlock ChildIf he went to court to set up visitation and child support, he must do what the papers say. I also live in Texas and it has become typical for a judge to not allow overnight visits until a child has turned 3, if said child is born out of wedlock. The judge has the option to do a progressive visitation schedule. One that starts out with the father visiting the child in the mother's home. Then starts allowing him to take her for a few hours at a time. Then start spending a day with her. Then overnight visits. It is all up to the judge. Also, if the papers state that the mother has right to first refusal, then the father must allow her the option to care for their daughter while he is at work prior to him seeking alternative care.Quote:
Quoting FH0117
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02-19-2016, 07:08 AMFH0117Re: How to Get Visitation Rights to an Out-of-Wedlock Child
He has followed what the papers have said. The thing is that now the situation has changed. She just moved and wont really tell him where. The boyfriend she moved in with does not appear to be someone who would provide a healthy and safe environment for this little girl. There are some physical signs that he may be a drug user. The baby's grandmother who also moved in with them, just recently got out of jail for being involved with mexican gangs selling/using drugs while having another autistic grandchild in her care who was intoxicated by second hand smoke. According to the autistic child's pediatrician, this boy is autistic because of the mother. She let a fever go on too long with out proper care that just got worse and left him autistic. The mother was a center fold for High Times Magazine. There are very good reasons to believe that this child is not in the best of care. Is she allowed to totally deny him any visitation? To deny her daughter to even know of his existence? That is his daughter. The courts constantly say that they will do what is in the best interest of the child. This doesnt seem to fit that bill.
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02-19-2016, 08:17 AMreadytoleaveRe: How to Get Visitation Rights to an Out-of-Wedlock Child
She also has to abide by the court orders. If the court orders state that he has visitation then she is required to have the child ready for him at that time. If she doesn't, he should be filing for contempt.
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02-19-2016, 08:57 AMFH0117Re: How to Get Visitation Rights to an Out-of-Wedlock Child
What does he need to do to file for contempt? Would he have to get a lawyer? Or is it something they can work out with a mediator? How can he prove that she isn't following the court order?
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02-19-2016, 09:14 AMkroenke88Re: How to Get Visitation Rights to an Out-of-Wedlock Child
What does the court order say specifically regarding visitation?