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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37871
Experience:  Retired (mostly)
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My child is three months old I am the noncustodial parent.

Customer Question

My child is three months old I am the noncustodial parent. The mom is being dificult and trring to run me through my son and getting to see him and if something does not go right her way then she will take the baby and thretens not to let me and my family (grandparents) see the baby. we would like to do a parenting plan but we need to know what our rights are.
Submitted: 5 years ago.
Category: Family Law
Expert:  socrateaser replied 5 years ago.
Do you have court orders for custody and parenting of any kind -- or only child support order?

If yes, then what do the custody/visitation orders say?
Customer: replied 5 years ago.
no court orders for custody and parenting of any kind mom wanted to keep this out of court because this is something that she went through with her child hood?
Expert:  socrateaser replied 5 years ago.
If your name is on the birth certificate, then absent any court orders, you have custody rights exactly equivalent to the mother. You're not really the "noncustodial parent." You're the "obligor," which means you are required to pay support, but that has nothing to do with your right to exercise custody.

Legally, this means that you could visit the child, and simply take him home with you and there wouldn't be a damn thing that the mother could do, except to go to court and ask for a protective order to return the child to her -- which may or may not be granted (probably yes, but it depends on the facts).

You have to petition the court to establish parenting orders, if you want to have enforceable rights that the mother must follow. This link contains all the info and forms to establish parenting rights, assuming that you already have established paternity, either by court order or the acknowledgment of paternity form.

If you have specific questions, feel free to return and ask for me to help, by putting my userid in the title of your new questions (e.g., "To socrateaser").

Hope this helps.

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