About Legally Fighting for Your Rights As a Father

2 December 2016 by Jonathan Phillips

Have you been paying child support to the mother of your child and still getting denied visitation rights? Even if you have no doubt that you are the child's biological father, you will likely have to go to court before you can obtain visitation rights legally. You must understand that a woman with a child who was born out of wedlock is usually legally considered the custodial parent. However, a lawyer can help you gain all of the parental rights that you deserve as a father. Take a look at this article to learn how a lawyer can go about helping you with the dispute concerning your child.

Listen to Your Complaint

You will be able to sit with your lawyer and discuss your complaint. The lawyer will ask questions that can help him or her decide whether your argument is legit. He or she will likely ask you questions concerning your relationship with your child, such as how long you have been paying child support. You might be asked about your history with your child's mother as well. The lawyer will basically try to determine whether the other party is denying you visitation rights out of spite or not.

Request a Paternity Test

Before you can request visitation or custody rights, you must prove that you are the child's biological father. The great thing is that you don't have to rely on the mother allowing the test to be done, as it can be ordered by the court. Your lawyer will simply petition the court to let them know that you want a paternity test done. The test will be set for a specific date, and the mother will be ordered to take your child to the testing facility.

Determine How Much Child Support You Have Paid

One of the things that the lawyer will do is determine how much you have paid in child support. You can legally receive credit toward your child support after a monthly payment is set by the court. For example, rather than having to pay back support for the years that the child has been alive, the lawyer can prove that you were already paying before the court order.

Come Up with a Custody Plan

Once paternity is proven, you can either request legal visitation rights or move forward with obtaining custody. Your lawyer will help you decide which option is likely the best for your specific situation. For instance, if you travel a lot for work during the week, you might want to opt for weekend custody rights.

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