Getting visitation of a non biological child


#1

I was with my ex for over 3 years. When we got together she had 2 children. A son whose Father is not very involved in his life and a daughter who my ex doesn’t even know who the Father is. We also have a 10 month old daughter together and our final mediation is next week. It’s looking like I have a very good chance of getting 50/50 custody which is what I want.
My ex’s other daughter just turned 5 and does not know that I am not her bio Dad. I am at my ex’s will on when she will allow me to see her and take her overnite. It’s heartbreaking when I pick up the baby and she wants to come with me. My ex did let me just have the 5 year old for 10 days and we had a fantastic time. My ex can be very petty though, for example when I picked my daughters up she sent them with no clothes. I have everything the baby needs but had to buy clothes and a toothbrush for my older daughter. She didn’t even have a change of underwear.
For the entire 3 years we were together I supported all of them. Put a roof over their head, made sure they had food, medical care. I love those children and consider them my own.
I know for her son since both parents are involved even if it’s minimal I won’t get any visitation. Is there anything through the courts as far as my older daughter since there is no other Father I can do. I know I won’t get custody but can I get any visitation through the courts? I love my daughter and just want to spend time with her.


#2

You are not entitled to visitation with the 5 year-old child and the courts cannot award you visitation. However, you can get visitation with the 5 year-old if the mother agrees.


#3

I’ve read about the Ellison vs Ramos case and wouldn’t I fall under the same guidelines?
North Carolina law recognizes 2 grounds for a non parents standing to seek custody…
One being if the non-parent has a parent like relationship with the child, which I have.
I cared for the other children for years and treated them as my own. I paid the bills, kept a roof over their head, nurtured them and gave them the best I could as a father figure. The kids call me Daddy. I’m not looking to get full custody but would like some visitation rights through the courts.


#4

It’s possible you could receive visitation with the child with that argument and analysis, however, such decisions by the judge are very fact-specific and are taken on a case-by-case basis.