While practicing family law, we work with a lot of fathers that want to see their children but are unable to do so because of the mother. It is important to note that just because the mother doesn’t want you in the child’s life, doesn’t mean that she has the right to make that decision. The courts tend to believe that it is in the child’s best interest to know both parents and it is our job to build a case that demonstrates just that.
If you and the child’s mother were married, the case is easier because a judge will determine custody during the divorce proceedings. It is presumed that you are the father if the child was conceived during the marriage, and we can fight to ensure that you can see your child (children) as much as possible. If, however, you were not married when the child was conceived, you will have to prove that you are the father. This is called establishing paternity, and it is done either by a DNA test or both parties agreeing and signing an acknowledgment of paternity that is then filed with a local agency or the court.
When a mother denies that you are the father, but you believe that you are, we must petition the court to have a DNA test conducted. Family law gives you the right to know if a child is yours and this is the best way to prove it. If the DNA test comes back positive, we can move to the next step and petition for custody or visitation.
There are several ways to get custody or visitation. The easiest one is to negotiate with the mother. As a family law attorney, we can help with this process, and if an agreement can be reached, a parenting plan can be drafted for both parties to sign. A parenting plan is a detailed agreement that lists out where a child will be every day. For example, who will they be with on the weekends, during school, on breaks, birthdays, etc. A parenting plan is incredibly detailed, and when done correctly, there is no room for a gray area. This is an important tool for preventing conflict later on as a good parenting plan cannot be misinterpreted.
If the mother does not want to negotiate or give you visitation, you will be forced to go to court. We can petition the court to give your rights as a father. Before doing so we will work with you to draft a parenting plan the way that you would like to see it while also gathering witnesses and evidence that demonstrate you are a responsible and upstanding citizen that would be an equally responsible father. Things like showing that you are employed with a stable living environment will help the judge to believe the child will be safe and cared for. Demonstrating close family support can also be helpful. As a child custody attorney, we can walk you through the various pieces of evidence that can make your case stronger.
If you need help protecting your rights as a father, give us a call.
