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do I have rights to my child

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eryjenro

Guest
What is the name of your state? oklahoma

My cousin has a dilemma that he needs some help. He has a 6 yr daughter that he has no relationship with, because of the mother. The mother permit the 6 yr to decide if she want's to visit her father or not. Unfortunately it's has always been this way since the child was 2 yrs. Yes it's been established that he is the father thur the signing of the birth certificate. No he isn't pay child support faithfully like he should, but it's only a verbal agreement between the two of them to pay $100.00 a month. My question is: How can he get visitation? He CAN NOT afford attorney at this time, and also the child resides in a different city. Also I might add that DHS is after him right now, because of back medical expense that the mother has occur for the child since her birth. Therefore, he is reclunted to look into establishing visitation, because of the fear of DHS. He owes DHS $5,000 in back medical expense, and they are going after him & only HIM.
Help someone please!:eek:
 


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hjallge

Guest
He does not have to have an attorney to file for visitation. If this has been an ongoing problem for all of these years, why hasn't he done something about it? And why is he not faithfully paying child support?
 
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hexeliebe

Guest
Yes it's been established that he is the father thur the signing of the birth certificate.
And this is not 'legal proof' of parentage.

No he isn't pay child support faithfully like he should, but it's only a verbal agreement between the two of them to pay $100.00 a month
Irrelevant even if it IS court ordered.

How can he get visitation?
He will either need to find an attorney to file a petition for Paternity to PROVE he is the father and then proceed from that point, of file the petition himself.

Also I might add that DHS is after him right now, because of back medical expense that the mother has occur for the child since her birth.
And why is this? Unless he has been legally adjudicated the father by a court DHS can't do anything. Simply put, his name on a birth certificate is not legal proof that he is the father.

, he is reclunted to look into establishing visitation, because of the fear of DHS.
Visitation has absolutely nothing to do with his support, custody or other payments he may or may not have accrued.

If 'he' cannot afford an attorney, then the simple way for him to get this mess started is to tell DHS he is not the father of this child. At that point, the burden falls on DHS to prove that he is. They will probably file against him in court for the back payments at which time he will request a DNA test.

IF he is found to be the father, then he can petition the court for visitation. IF he is not found to be the father, then at that point he can tell DHS to stuff it.

But, if he can't afford an attorney then he's going to be fighting this for a long time.
 
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eryjenro

Guest
Thank you for the infomation, and I will let him know immediately how to get the ball rolling.:)
 

stealth2

Under the Radar Member
If he doesn't have a court order for visitation, Mom doesn't have to allow it. Conversely, if there is no court order for support, he doesn't have to pay it.

So when are the parents of this child going to act like adults and look out for the best interests of the child? 'Cause I don't see it from either side.
 
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eryjenro

Guest
Actually, I agree with you EITHER one of them is acting responsible, and that why I'm trying to help my cousin out.
 

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