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Michael, Legal Consultant
Category: Family Law
Satisfied Customers: 456
Experience:  Expert witness in Federal court, won cases at State lower & appellate levels.
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Can I have visitations with my son before a court ...

Customer Question

Can I have visitations with my son before a court date, even though I wasn''t married to his mother? He has my last name.
Submitted: 8 years ago.
Category: Family Law
Expert:  Michael replied 8 years ago.


There is no reason that you cannot see your son without (i.e., before) the family court issues a formal ruling/schedule on visitation. The fact that you were not married to his mother does not even matter.

Of course if there is a restraining order or order of protection against you then that would prevent visitation for now.

Is the mother giving you problems about visiting with your son?


Michael and 11 other Family Law Specialists are ready to help you
Expert:  Michael replied 8 years ago.


A colleague of mine just reminded me that as you and the mother were not married set can set limitations on your visitations (including not allowing unsupervised visits) until paternity has been established (usually through laboratory testing of blood or saliva.)

So until this is accomplished you should agree to her limitations. In the meantime, file the paperwork with the local family court to establish paternity and get custody and visitation issues resolved. Also, remember that child support will likely be ordered as a part of these proceedings.

Take care,


Customer: replied 8 years ago.
My name is XXXXX XXXXX birth certificate, Does that make a difference?
Expert:  Michael replied 8 years ago.

Unfortunately a birth certificate is not helpful.

Paternity needs to be established formally and legally. Birth certificates are produced more often than most people realize where the name of the father is not the biological father, so a birth certificate cannot be used to legally establish paternity.

You should, however, be able to arrange for a blood test to establish paternity with the court before the hearings take place. The sooner you file the necessary paperwork the sooner you will have your first hearing and be able to establish paternity and request a temporary visitation order.

Over time the rest of the details will be worked out as things never move quickly in courts.