If you feel as though you are not seeing your child as frequently as you would like, you should speak with an Inland Empire child visitation lawyer as soon as possible.
Regardless of whether you have recently gone through a divorce or were never married to the child’s mother to begin with, you have the right to seek and establish a visitation plan and have it enforced through the courts.
Before you can seek formalized visitation, you need to establish parentage. If the court does not recognize you as the legal parent of the child, it will be very difficult for you to present a case for why you are entitled to visitation.
Even if the mother is willing to state that you are the father, it will not be enough. Paperwork must first be completed and filed with the state, something that your Inland Empire child visitation lawyer can assist you with. The only exception is if you were married at the time the child was conceived—in which case the court will presume that you are the father.
As a legal parent, you have the right to see your child, especially if you are paying child support. If that right is being denied, Inland Empire visitation rights lawyer Laurence J. Brock can work to re-establish it.
Custody and visitation are usually resolved during the divorce process. In this case, a restriction on visitation is simply an issue of enforcing the divorce decree.
However, if you and the child’s mother were never married, you may need to establish formal visitation for the first time. In this case, you need an Inland Empire child visitation lawyer to demonstrate how the child spending time with you is in his or her best interest. This may require expert testimony and demonstrating your own good character and stability.
If your ex-spouse is refusing to abide by the divorce decree, your Inland Empire child visitation lawyer will file a motion with the court to have it enforced.
The court will have already ruled on visitation, so it simply becomes a matter of proving that your ex is keeping your children from you. If you have been unable to speak with them or see them at your appointed days and times, document when this occurs. After a few instances, it could be time to make a motion in court with the help of your family law attorney.
In this case, a judge may assign penalties to your ex for failing to comply with the divorce decree as part of the enforcement order.
There are some cases where a non-biological parent may also file for visitation. These cases require the expertise of an Inland Empire child visitation lawyer because the court will be hesitant to do anything that would restrict or limit the rights of the biological parents.
However, if you have been caring for the child as a parent, you may have a case.
To secure or enforce your visitation rights, call the Law Office of Laurence J. Brock to speak with an Inland Empire visitation rights lawyer. You can schedule an appointment using the form below or by calling 909-466-7661.