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My husbands X who has his son , has not allowed him to see

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My husbands X who has his son , has not allowed him to see if son in 7 years , now that we are married i have been trying to work with her about visits , due to the face that he pays child suppost and there is no reason he should not be able to see his son , i had recived and email from her stating that we will never be able so see him no matter what !She would like my husband to sign off his parents rights , she is not married and we live in wisconsin i think that you have to be married for that right ??
Submitted: 7 years ago.
Category: Family Law
Expert:  AttorneyTom replied 7 years ago.

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Answer:


Signing away parental rights does not usually require either party to be married.

Further, giving up parental rights does not usually absolve a father of his child support obligations. Therefore, there is little if anything that a father can gain from giving up his parental rights.

The following applies to custody/visitation issues. Your husband may be eligible for court-ordered visitation.

If paternity has been established:
It is possible to file Petition for custody/visitation (if never establsihed) or Motion to Modify a custody agreement and visitation schedule (if established at some point). The main goals of the court should be to promote contact with both parents if both parents are able to act in the best interests of the child, place the child in a safe, stable, nonviolent environment, and encourage parents to share the rights and duties of parenthood.

If paternity was never established:
If paternity has not been determined, the father may have no claim to the child as of yet. However, generally, without a paternity determination, a father is not required to pay support. Generally, before a father has any rights to a child, paternity must be determined. This can occur if both of parents sign an Agreement of Paternity or through a court determination that he is a father, should either parent seek a paternity action. Determination of paternity would also usually obligate the non-custodial parent, who will be determined by the court, to pay child support.

Keep in mind that once paternity is established, it is very possible that the father will have visitation rights and that the court will make a custody/visitation determination and schedule. Further, such a proceeding will often yield an order of child support, and back support may be addressed by the court in that proceeding, if back child support is applicable.


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You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

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