Can my child's mom prevent visitation. We have never married


#1

My ex is telling me that I can’t see my child. I was legitimized, in the state of birth, or so the paternity acknowledgment form reads.It’s pretty much verbatum The mother and I both signed PA at time of birth. The PA form was then sent to vital records, in the alloted time. Now I feel that she has no right to prevent visitation…overnight stays…any type of time I would be ok with. She is avoiding communication. How should I go about spending my much much wanted time w/my child… pls GOD HELP…and ty in advance. Hopefully mediation will happen soon…Now if for some reason I find out child isn’t legitimate due to our marital status. Just curious…can she legally just cease communication…I have no idea where/when/what our child is doing…Frankly I am very concerned for my child…pls help, and God bless you…


#2

If you and/or the mother live in this state, she cannot prevent visitation with your child without good cause, such as she has evidence that the child will come to physical harm.

That being said, I’m a little unclear about whether or not you’ve filed for custody of the child since you mention mediation. If you’ve filed for custody and are awaiting mediation, she still cannot refuse visitation. Document every time you’ve attempted contact with her or the child. Keep emails, a phone log, and if necessary send letters requesting visitation via certified mail WITH RETURN RECEIPT REQUESTED and keep those receipts. Her refusal will not look good for her in court and it will substantiate the fact that are you are trying desperately to see your own child.

If you’ve not filed for custody, I would do so.

In the meantime while awaiting mediation or a custody hearing, there may be another motion you can file with the court that will force her to comply with some sort of visitation. You’ll need to ask the actual attorneys in the other forum with attorney response.

Good luck.


#3

In NC when two people conceive a child out of wedlock, the legal husband ( even if separated ) of the mother is seen legally as the father.

Typically, when situations like this arise, during the birth certificate process the reported biological father can sign an affadavit of parentage which carries some weight. However, the mother can still deny visitation because there is no order.

You need to establish parentage via DNA right now, then either use the DIY service here to establish custody/visitation/support or hire a lawyer.

Jim