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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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We are in the middle of a second parent adoption, but I have

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We are in the middle of a second parent adoption, but I have not adopted him yet. He is 11 months old. He is her biological child. I want to file for possession (visitation). How long after she has left and he is no longer with me on a daily basis do I have to do something about it? I don't want to jump the gun and piss her off in case of reconciliation, but I don't want to wait to long and have no legal recourse.
Thank you for choosing JustAnswer. I need a little more information. How log were you and the child together ? What was your relationship with the child's mother ?
Customer: replied 3 years ago.

I was there for his conception - I inseminated her with donor sperm. I went to every OBGYN visit. I was in the delivery room and he was handed to me first when he came out because she had a c-section. But I guess the legal answer is I was with him for 10 months, 3 weeks, and 1 day. His mother and I were together for over 12 years.

I am assuming you are not married. There is no time limit per se for you to absolutely lose your ability to obtain visitation. The longer you wait i.e. you and the child have no contact the less probable you will obtain rights to visit with the child.


If you want visitation you should start the process sooner rather than later. One of the criteria the Court can use is whether you have maintained a parental relationship with the child. Courts will also consider the level of support both financial, and physical you are giving the child. Remaining out of the picture for any length of time will be detrimental to you in getting visitation.


If you are worried about angering the biological parent through legal action you should at least take non legal steps e.g. writing notes, calling the other parent to try and get some time with the child. The stronger the bond the greater probability you will get legal visitation awarded when and if it becomes necessary to seek the Court's help.


Courts award non biological parents visitation in most cases only when a relationship exists between the non parent and the child.


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