Once the father's paternity has been established in court she has to be able to prove he is unfit or the court will allow him his rights. If she refuses even though there is a visitation order she would be in contempt of a court order and could eventually lose custody if she continues to interfere with his visits.
Child support and visitation rights are two separate issues and they are addressed separately. The father's paternity must be legally established in court if the parents are unmarried and the mother seeks child support. Once paternity has been established, the court will issue a child support order based on state child support guidelines. In addition, once paternity has been established the father has the right to petition for a visitation schedule. If the father fails to pay his child support he is still entitled to visitations. In that case, the mother would need to pursue the child support arrears by filing a motion for contempt of the child support order.
Her father was a top civil servant, her mother did not pursue a career.
In all U.S. states the biological unwed mother is considered to have sole legal and physical custody of her child. If the biological father wishes to assert his parental rights he must first establish paternity to the child in question and petition the court for visitation privileges or custodial rights. If the mother wishes to pursue child support for the minor child she must show proof of paternity (signed birth certificate, or notarized affidavit for the father). It is the responsibility of the alledged father to prove he is or is not the biological father of the child, regarding custody, visitation and/or obligation of financial support.
The unmarried father must file a petition in the family court to establish his parental rights legally. Once established, he can request visitation rights or custody through the family court. If the mother retains custody he will be granted a visitation schedule and will also be subject to a child support order.By not establishing his parental rights legally at the time of birth, the unmarried mother has freedom of movement. Once she moves with the child to another state it will be much more difficult and costly for the father to pursue his parental rights.
Miley Stewart's mother died when she was very young and so Miley went to California with her father and brother to pursue her career as Hannah Montana.
First, it is an Urban Myth that fathers go for custody to avoid paying child support. First, who would support the children while in his custody? Less then 15% of mothers are ordered to pay, and depending on circumstances, the custodial father is often still ordered to pay child support.
First, the "real" father must establish paternity - until/unless the court rules otherwise, the guy who signed the BC is the father.
If the Mother has received ANY State assistance, and the Father was NOT paying Child Support at any time...The State has every right to demand repayment.
Once paternity has been established, the father may then choose to pursue custody of the child and/or visitation. In this instance, he will also be required to pay child support and can also request that he be granted joint legal custody so that he can have a say in how the child is raised. If granted, issues such as medical care, education and religion must now be decided jointly between the two parents. In addition, established paternity means that the mother cannot pursue adoption proceedings with a new husband without the biological father's consent. Should the father choose not to have any contact with the child, he can terminate his parental rights through the court.
If you have a good relationship with him, then whatever you two amicably agree to. If you don't, then you need to talk to lawyers and make official, legal arrangements about custody and visitation. If the father has taken a parentity test. Then he will all of the same rights as you. If you two do not agree apon visitation, then the state will determine when visitation will be held. It is better for you two to agree on what works best for the both of you. In my personal situation, my child's father had not acknowledged paternity by signing the birth certificate, therefore, paternity testing was done. Once paternity has been established, my state automatically filed for child support due to my daughter receiving Medicaid. If the state takes the father to court for child support, that is all the court will consider - meaning that they will not handle any custody or visitation issues at that point. It is up to either parent to pursue custody/visitation, usually through an attorney, although it can be done pro se. If paternity has been established then the court will consider a visitation plan. Often times, if the father wishes to establish visitation rights, the courts like to see the two parents come up with an agreeable arrangement together and have it approved by the court. Sometimes the court will request that a mediator work with the two parents to do this. Another option is that the judge will just develop the plan along a standard schedule, which allows for every other weekend and holidays. So, to answer your question, if the father is legally proven to be the father and wishes to have holiday visits then he will have to take you to court for visitation. If the two of you can't agree on a schedule then the judge will more than likely give the father visits every other holiday, which is standard. The father would have to be proven unfit or you must have a valid reason if you want to have the visits be supervised. Without a court approved visitation plan, then the father really has no legal right for visits and it is up to the custodial parent to make the choice.
Yes. Child support and visitation are two separate issues and parent are not required to pay to see their children. However, you have the right and responsibility to pursue the child support issue. Every non-custodial parent should pay toward the support of their children. The court has many resources for enforcing child support orders. First, you need to make certain you have obtained a child support order. If the father doesn't pay you need to file a motion for contempt of court and stay on top of it. Ask the court's assistance in collecting.
If your Mother did not specify in her will, and Father won't make any concessions, try to accept it. A legal tug of war will be unseemly, and dishonor your Mother's memory , and cause more hard feelings woth Father. I am very sorry, but this is the MOST likely conclusion if you pursue this.