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Is the mother unfit in any way, or you do not know? I ask because that will greatly affect the success of your visitation. If your son is not listed on the birth certificate, then until he asserts his rights (if he ever does), you are seen as a legal stranger to the child and are therefore not entitled to any rights. If he is listed on the birth certificate, to assert visitation you must show that the other parent is 'unfit' and unable to care for the child, AND that having a relationship with you would be in the best interest of the child. Now, most courts won't grant visitation until the child is old enough to understand who you may be, meaning until the child is around 2 years of age, but the courts are more likely to provide such rights if the other parent is unfit and is unable to care for the child. This is why I would say that short of proof that she is unfit pursuing visitation now is likely going to be very unlikely to be successful, but pursuing them later will be more likely to be granted.