If you and the mother of the child are not married, fathers or guys, you do have rights. There's a little bit more of a process that you have to go through, it's not presumed that you are the father just because you might have had an intimate relationship with the woman who is either with child or is pregnant. What she would need to do is actually, it's very similar to if you were married. But the number one thing that you have to do first is, you have to file a petition to establish paternity. What that means is that you would.
Either have to submit to a DNA test, or it's possible that you're on the birth certificate, but it's actually a very simple process. If the mother of the child simply just admits that you are the father of the child, you can kind of just go over that presumption, and they will grant that as you being the father of that child. Also, on the flip side, if a woman comes to you, and says, Hey, this is your child, and you need to start supporting it, they also have to establish paternity. So, you could.
Ask for a DNA test, and then, usually what will happen is, you could also ask for the failing party of the DNA test. So, if you want it to be your child and she doesn't want it to be your child, or she wants it to be your child and you don't want it to be your child, whoever is the nonprevailing party usually would have to pick up the fees and the costs associated with that DNA test. But after that, and after the DNA test is done and it is proven to be your child, there's the same areas of law and same areas of rights.
Are established. There is legal decisionmaking, parenting time, and child support. Now guys, I've had quite a few clients who. The mothers have come, and the children are already grown up a little bit so, if there is a child who is of significant age but still under the age of 18, they could still try to establish that paternity, and try to get you for child support. The good news is, though, that they can only get you for three years of that child support. So, hopefully that doesn't happen to you, but it is possible. Those are your.
Rights, you do have rights if you're married. Here's the thing though, guys. If you are not married. It's kind of, both, if you're married or you're not married, until there is a court order in place, it's kind of the child. The parent who's holding the child can, kind of, dictate and doesn't necessarily have to give you parenting time, so if you and the mother of the child are not getting along, it is good to get some kind of court order in place if you're not at an amicable place.
How Do I get Child Custody For Fathers explained by Los Angeles Child Custody Expert David Pisarra
Hey Guys David Pisarra here with Mensfamilylaw. I want to talk to you today about the three ps of child custody. The most important factors when it comes to dealing with a child custody case that I look for and that a judge looks for. the first is Proximity. How close do you live to where the child lives How close do you live to where the child goes to school Where's your work located in relation to the school If everything is really close in proximity, we want things to be really close judges like that, it makes it easier for you to be a more.
Involved parent. Next up is paperwork. If you're going to come into my office and I need to have more time with my kid. THe first thing I'm going to ask you is do you have a calendar of all the time you've been seeing your child receipts which prove to me what you've actually been doing and some sort of tutorial or photos something to substantiate all of that so I can go to a judge and say, Your honor, here's all the time he's been using with his child and he wants more. And lastly, it's persistence. Persistence.
Is the hardest part for men in this whole process, because it can be so emotionally draining. We're playing with the time you get to see your child. It's the only time you're going to get to be a father to this child at that age and it goes really quickly and it's really fleeting and courts can be really time consuming and slow moving. You need to have the persistence to fight the battle and to stick it out and its really really hard and I understand that. So just to recap the three Ps of child custody when.
You're coming into us looking to get more time with your child. I want proximity. I want you living close to where the kid goes to school. I want you working close to where the child goes to school. I want you close to where the child lives. Paperwork, I want paper trail. I want calendars, I want photos. Receipts from movies receipts from Chuck E. Cheese. and then Persistence. I want you able to really stick through the fight. It's not going to be easy. It's not going to be quick. But together we can get through it. If you.
How Do I See My Kid Los Angeles Child Custody Attorney David Pisarra tells you how.
Hey guys, Dave Pisarra here with MensFamilylaw so we're gonna talk about the situation where you have a child, you're not married, so you're just boyfriend girlfriend, you're probably on the birth certificate, but maybe you're not, and she won't let you see the kid. So here's the deal. Mom has legal custody of the child and physical custody of the child because she's the mom. She's gonna be on the birth certificate. If you're on the birth certificate you have technically legal custody but the question becomes what's that really.
Mean in terms of actual day to day operations.You're gonna have physical custody if mom is allowing you to see the baby, but the problem is when mom wants to move and takes the kid with her you don't actually have a court order that says you have any time to actually see the child. The police are gonna look at it and say mom's supposed to be with the baby because the baby is still probably nursing. So if you've got that situation where you're a daddy bu you're not actually a court ordered dad, paying child support with a court order for.
Visitation, you're kinda left out in the cold when the kids are really young. So that's the situation where you're going to have to file what's called a paternity suit. Filing for paternity is a really easy thing we just fill out a couple of forms we get mom served, she's got 30 days to file an answer, and then we can go forward and get a court order for visitation, but that also means you're probably going to have to pay child support, which if you're a good dad you probably want to pay anyways and like a lot of my clients you're.
Probably already paying the rent, buying diapers, putting in food, paying for the utilities and it's possible that your child support might actually go down. So this can be a good thing for you from a financial standpoint and it's something that you definitely have to have if you want to make sure you have your rights to see your child. If you've got more questions, and you want to talk about it, please feel free to give me a call, check out the other tutorials, and read the blog, subscribe to our newsletter so you get the free Before.
Child custody arrangements when parents live in different states
The most important factor is what is the child's home state the home state is defined by the uniform child custody jurisdiction enforcement act as the child's residence for the prior six months if the child has not resided in any jurisdiction for the prior six months the next inquiry is to determine what state has been the child's most significant contact if the court cannot determine the significant contacts then there will be a factual inquiry like all laws in the state of California there are exceptions to the UCCJEA and that is that the court can exercise jurisdiction in the case of.
Fathers Rights Arizona Family Law Lawyer
I'm Candace Kallen, and I'm a family law attorney here at My AZ Lawyers. If you had a child outside of marriage, you may not have the rights that you think you do. It's important that you go to the court, and establish your paternity. That way, you have both the rights and the responsibilities of parenthood. The rights are that you would actually have the right for visitation, parenting time, and the responsibility is also that you would have to have child support. An attorney can help you go to the court, file the paperwork, appear for hearings. It.
How do I get Full Custody of my Children Seattle Child Custody Lawyer Eric Engel Explains
How do I get full custody of my children Hi! I'm Eric Engel, a Seattle child custody lawyer with the Engel Law Group. The first thing you need to find out is do you have a parenting plan in place right now A parenting plan is a set of rules that the court uses to determine who gets your child when versus the other parent. If you currently have a parenting plan then you need to stop and you need to consider filing a modification of the parenting plan because somebody already has custody of your.
Children. Now, if there's not a parenting plan in place then you need to file a petition for a parenting plan. Or if you're married, you're going to need to file for divorce or legal separation in order to get a parenting plan put in place. The court looks at a variety of factors in determining who should be the primary custodian in a parenting plan. The court is going to look at the strength and nature of your relationship with your child in other words, how strong is the bond.
That you have versus how strong is the bond with the other parent. Take a look at the stability of your life. Are you in a stable situation Do you have employment Is your employment flexible For example, if you need to, can you get off work early to pickup your child from school These are the sort of factors that the court will need to look at. Also, they're going to look at other factors such as drug or alcohol use, or if someone has a criminal history, or a history.
Of domestic violence. These last few factors can radically affect a person's right to see their child. In fact, they can result in supervised visitation if you have one of those factors present. Why am I telling you this Because you need to be aware what the factors are that a court considers when deciding who to place your children with. Are they going to place your children with you or are they going to place your children with the other person. We deal with these issues every day and we can help. Give us a call at 2066259800.
How do I get Sole Custody of My Children Seattle Family Law Attorney Eric Engel Describes a Case
I once had a client named Courtney who was going through a divorce and she was trying to get sole custody of her kids. Hi. I'm Eric Engel, Seattle divorce lawyer with the Engel Law Group in Seattle, Washington. In Courtney's case, we were able to show that her husband continued to have a drug and alcohol problem which interfered with his ability to care for her children. This allowed her to get sole custody of her kids when the judge finally decided who should get custody. She also got child support and she got a favorable.
How Do I Get 50 Custody of My Child Los Angeles Family Law Attorney David Pisarra explains
Hey Guys, David Pisarra here with MensFamilyLaw. Do you want 50 of your kids let me tell you how that happens. The basic rule when it comes to child custody is that we keep the kids as stable as possible, wherever the kids are when you guys break up is most likely where the kids are going to stay, that's why you gotta be really careful about when you leave the house and why you need to read our Before You Leave guide which is a free download from our website mensfamilylaw when it comes to figuring out how much custody.
You're going to have of your children, you have to take aloof at the big factors and those factors are where the kids are going to school where mom lives, where dad lives how much distance there is between the two of them, where mom works, where dad works, how much distance from where they work to where the kids go to school. It really all boils down to availability and flexibility, the more flexible your work schedule is and the more flexible your time is. The easier it is going to be for us to go into court.
And get you the 50 custody of your children that you want. The other big factor that you have to be aware of is how old are the children. A young child is not going to be in the car for a long period of time comfortably. Judges know that. The older a child is the easier it is to say they can have a longer commute time. The problem that we run into is once a child has an established routine of living with mom, and short commute to school, maybe.
Dad isn't around a whole lot because he's working more, now it gets harder and harder for us to go into court and ask the judge to increase dad's custodial time. It can happen and we can do it if we can show that there's a decent amount of commute time between dads house and school and between moms house and dad's house. But remember when we're going into this, these are all the factors we have to juggle, so I want you to think about how close you are to where mom lives and the kid goes to school how close you are to where.
You live and work how close moms work is and how much availability you actually have in being flexible in your work schedule, because the more flexible your work schedule is the easier it is for us to make an argument to a judge that you should have equal custody time. Hope that helps, if you have other questions feel free to give me a call or shoot me an email. Check out the website and remember a cheeseburger and a chocolate shake will get you through just about everything, take care.
How to Establish Child Custody And Parenting Time in Arizona
Hi I'm Chris Hildebrand of Hildebrand law, I am a Arizona child custody lawyer. I have been practicing family law and child custody law in the state of Arizona for over 20 years. How do I establish child custody and parenting time That's a question I frequently hear, every child custody action starts with one of the parents filing a petition to establish child custody and parenting time in the Maricopa County Superior Court or within the county which you reside. Once a petition is filed the court will typically set what is called.
A resolution management conference or just a status conference. This is to discuss whether the parents can reach an agreement on custody and parenting time. Whether they should be referred to mediation to mediate those issues if they are not in an agreement. Or whether the case needs to be set for trial at which point you present evidence and the court would enter a custody and parenting time arrangement. At which that judge believes to be in the best interest of your child or your children. If you have any other questions regarding.
Ft Lauderdale Family Lawyer Curtis Cowan Child Custody Of Unmarried Parents
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