Visitation rights for the father

Australia
October 12, 2006 6:45pm CST
My partner has just recently become a father from a previous 'relationship' and is being refused visitation rights to his daughter because he is in a relationship with me. The mother of the child is refusing to let him see his child because she feels that I will do something to her baby if she lets him. I am a secondary school teacher and would do no such thing. We would like to resolve this issue amicably rather than taking it to the courts. He has been very willing to pay child support and has done everything necessary to make sure she is looked after, and so I believe he has every right to see his own daughter, in his own home if he so chooses. I am being as supportive as I can. What are our rights?
4 responses
• Australia
13 Oct 06
thankyou for your advice everyone. It has helped me a lot. I knew that we had rights but was unsure how much. Neither of us have a criminal record (I have only recently had a criminal record check done as part of my employment) and child support is being done through an agency so there is no legitimate reason for us not getting visitation. This has been a difficult journey for us both but we are determined not to let it ruin our relationship. I just feel that my partner has every right to spend time with his little baby girl in his own home. The baby is still very young, but he is not asking for a lot, just a couple of hours once a fortnight until she gets a little older. It does feel to me like this woman only had this baby to rope my partner into a relationship. They did not actually have a relationship in the first place, they saw each other maybe 3 or 4 times over a period of a week and he just got really unlucky. My partner and I have been seeing each other for eight months and the babies mother has known this the whole time so she has had plenty of time to get used to the idea.
• United States
13 Oct 06
I wish you all the best...and most of all considerate cooperation... Try calling the court house, and inquiring about a family court facilitator before you hire on a lawyer. The papers that need to filed by the court are fairly simple to fill out by yourself, and if you need help the court facilitator is much less costly than a lawyer. And without her help, you will just have to pay a small cost for the paperwork and a small cost for the filing fee, and you most likely will not need legal representation to present your case, it sounds fairly full proof. I hope your step daugter gets to know you and her father well. It sounds like a great oppurtunity for the 3 of you. Best wishes.
• United States
13 Oct 06
You will need to contact the court system about that. Is your partner paying child support through the courts or is he paying with a personal check? Does it automatically come out of his paycheck? If he is paying out of his paycheck,then a hearing should have been set up to arrange visitation and child support rights. If your partner does not have a criminal background, then he should be given rights to at least every other weekend. Unfortunately, some moms can be pains in the butt and even hide from their child's biological father. Your partner should definitely contact the court house.
• United States
13 Oct 06
If he is paying child support to the mother for that child than the visitation rights of the father should definetely be inforced. I am assuming that there has been paternity established or there would be no support order.....at most you might have to contact a family court facilitator, who will be able to tell you exactly what papers you will have to file with the court to get a visitation order....if it has already been established that the child is indeed his, than there is absolutely no reason why a judge would not grant you visitation....unless the mother would really like to fight it than she could, but she would really have to come up with some great reasons why she is appealing his request. For instance, you or he had a criminal background, or a file with CPS, or he isn't paying his child support. It sounds to me like you have tons of rights and you just need to speak with someone about the proper papers to file, so that you can request visitation from a judge, once he signs those papers, you are in the clear. Just pick your daugter up, and if she won't comply, take a sheriff, than she will have too,. Much much good luck...hope I have been of some help.
@itsyblue (71)
• United States
13 Oct 06
As much as you would like to stay out of the court system, it is probably your best bet. If he is paying child support he has the right to see his child, in his home. Contact a family court lawyer or even child services at your local social services department. They can lead you in the right direction. It sounds like she is using the child to keep him in her life and away from you. If he allows this to continue, she will use the child as a weapon throughout her entire life. Use the court systems it is his best solution to this problem. Good Luck!!!