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Unclear about fathers rights

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Old Mar 19th, 2008, 01:46 PM     #1
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Confused Unclear about fathers rights

My daughter is 16 months old and I have not got to see her since last July! My ex (whom I have never been married to) has told me several times that I could see her only to change her mind. My father is sick and is on his death bed and after agreeing to let me take her for a weekend to see him, my ex changed her mind again. I can't find anywhere what my legal rights are for visitation. I live in Cleveland, Ohio and she lives in Columbus, Ohio. She said I will never see my daughter and that she will take everything I make in child support. She has a fiance and they both make more than myself. What can I do?
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Old Mar 19th, 2008, 01:54 PM     #2
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Default Re: Unclear about fathers rights

Consult a lawyer.
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Old Mar 19th, 2008, 01:56 PM     #3
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Exclamation Re: Unclear about fathers rights

Is there any research or help that I can get from an organization if I can not afford a lawyer? I would like to know what the steps are before I call a lawyer!
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Old Mar 19th, 2008, 07:17 PM     #4
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Default Re: Unclear about fathers rights

Its always best to use a lawyer, but it is possible to sue for visitation without one. Ohio has a presumption that visitation with both parents is in the best interest of the child, so as long as you don't ask for anything unreasonable and you do not have a shady past, you should be able to get time with your child.

Last edited by wld_team : Mar 21st, 2008 at 07:56 AM.
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Old Apr 6th, 2008, 04:49 PM     #5
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Default Re: Unclear about fathers rights

First of all, it is not fathers rights which you seek, it is parental rights. For women who are unwed, they are automatically the custodial parent. Since you were never married, you need to petition the court for DNA testing to establish paternity. It does not matter if your name is on the birth certificate, that does not establish paternity.
Once paternity is established a parenting plan will be filed with the court, along with child support. An ordered will be issued telling you which days you will have your daughter, and for how long. Once this is in place , the mother cannot deny you seeing your child, so long as it is on your court appointed time. For her to do so, she runs the risk of violating the court order.

It sounds like a lot, and in some cases it is, but the payoff is more than worth it. Good luck to you, and my best to your family at such a time.
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