View Full Version : visitation right even though not my child
chrissmithcks
Mar 2, 2012, 10:15 PM
My ex girlfriend had a child when we were together I've been with her for about 15 months and the baby is 13 months (not my child) but he called me daddy. When we spit up after the split up and a week after she put a restaining order of 100meters went to court and I got it down to 10feet because of verbol abuse we both had verbol .I love this child like he was my own and miss him dearly. So I know this child for 13 months and I'm asking can I get visitation rights from the courts if I ask I do have two children myself and she has three children of her own my kids are asking to see him . I don't have any criminal records and I went for custaty of my son and he was my ex girlfriend son whitch I known for 7 years and I have a girl and she's 6 and she's mine oh I forgot I'm from Ontario Canada thanks
Alty
Mar 2, 2012, 10:25 PM
Does the biological father have any contact with this child? Does he pay support? Does he have visitation?
The fact is, this isn't your biological child. You weren't married to the mother. I don't see how you'd get visitation especially since she took out a restraining order on you, and you're not the child's father.
But I'm not a legal expert. I'm interested to see what the legal experts have to say about this, but I'd be mind boggled to find out you have any rights to a child that isn't yours.
chrissmithcks
Mar 2, 2012, 10:41 PM
Father of the baby didn't want anything to do with him so at the time we both desided that I would take over as daddy and so I did not to many guys would want this but I did as my children loves this baby but you could be right about not being his father but my other ex that I was with for over 6 years she has a son that calls me daddy and where going for custaty for both the children that we both had and my laywer said I do have rights to her son just cause I known him for over a year aperntly you have to know the child for 13 months so this is why I'm asking but who knows what the courts can do in Canada
GV70
Mar 3, 2012, 10:37 AM
Non-parents must seek leave (permission) from the court to submit an application for access. A court can grant an order for access to a non-parent under a number of circumstances, including where the non-parent has had a close relationship and is seeking to continue to spend time with the child. The merits of an application for access are determined based on whether it would be in the child's “best interests” and whether there is “some beneficial connection” between the non-parent and the child. J.H. v. B.G. (1993).
Considerations for Granting Access to Non-Parents
As a general rule, biological parents have the right to determine with whom their children will associate. However, a judge can override a parent's access decision on the premise that the child would benefit from having contact with the non-parent, particularly if there is a genuine bond between the child and the non-parent and whether severing any pre-existing relationship would have an adverse impact upon the child.
Step Parent Visitation | Family Law and Divorce Blog by Niren and Associates (http://www.divorcesupport.ca/divorce-blog/tag/step-parent-visitation/)
Honestly-the child is 13 months old... I cannot see how you can get access /visitation/ unless you are willing to pay child support next 17+ years.