What rights do I have with my son?

So my son is 2 years old and I have barely seen him since he was born, go months and months at a time not seeing him, this is because of my ex partner who oviasly hates me (and I don't exactly like her either) and dont/cant/wont be civil for the sake of our son. Now I have tried time and time again to see my son like a father should and be the role model and be there for him. She always finds an excuse for me not to see him for example, my current partner also has a 2yr old son and the kids get along well. 1day I was due to having my son my partners son was very ill with chicken pox also and I decided it was not a good idea to have my son in case he caught chicken pox being that his mum was pregnant too and I was told pregnant women are not supposed to be round children with chicken pox. So things like this she will stop me from seeing him, I have been given lots of pathetic immature reasons I can't see him. Now all I want is a stable relationship with my son. Which is proving impossible to get without going through the courts for access. I was hoping for it not to go that far. I want to get as much info in this as I can for you to understand some more of what I am going through here. So if I ask to see my son I can't but why? When ever I see my ex partner on the streets she has never got our son only her newborn child which in a way I can see understandable but doesn't give her the reason to never have him now and always plant him on whoiever she can I no this because I have seen several different people with my son, and whenever my friends and family have seen him he has never been with his mother. I feel my son has been pushed aside now the newborn is here, but why when I am here for him! I've had threats from her and her new partner things have got out of hand. I was told about a residancy order but wernt sure how it worked or if it would help I've looked online at this and still can't grasp wheather it's a good idea or not because I don't fully understand it. What are my options and what can I do to have a better hope of a relationship with my son. If you need any more info let me no.

Any answers would be appreciated thanks.

You leave out a very important issue. Has there being any court orders for custody or visitation. If you have not gone to court to have a parenting/visitation plan ordered by the court then you have left yourself at the mercy of the mother. You NEED to go to court to establish a schedule of times that you will get your son.

You have just as many rights as she does. Your better off if you take it to court and get a visitation schedule in writing. Most judges like to see dads step up that want parenting time with their child.

... i was told about a residancy order but wernt sure how it worked. ...

It depends on what state or country you are in. Is, as far as you know, a "residency order" any different than a court order giving you specific visitation or custody rights?

Thanks for replying.

I had gone to a solicitor and had written up a letter they sent to her about days and times to have contact and there was no reply from her, it didn't go no further to court, this is my own fault because I manage to get hold of her and she let me see him and I didn't want it to go has far as court after a short while she stopped me again. So it will have to go to court? What would be my options if it does go that far and chances?

I am in the uk

You leave out a very important issue. Has there being any court orders for custody or visitation. If you have not gone to court to have a parenting/visitation plan ordered by the court then you have left yourself at the mercy of the mother. You NEED to go to court to establish a schedule of times that you will get your son.

Thanks for replying.

I had gone to a solicitor and had written up a letter they sent to her about days and times to have contact and there was no reply from her, it didn't go no further to court, this is my own fault because I manage to get hold of her and she let me see him and I didn't want it to go has far as court after a short while she stopped me again. So it will have to go to court? What would be my options if it does go that far and chances?

You have just as many rights as she does. Your better off if you take it to court and get a visitation schedule in writing. Most judges like to see dads step up that want parenting time with their child.

They also favour the mother :/

Yes, even though you have equal rights, unless you keep the child she has control. She will probably give you visitation to avoid court then once you drop it she's go back to controlling. So if you want to avoid that, get it established in court.

Yes, even though you have equal rights, unless you keep the child she has control. She will probably give you visitation to avoid court then once you drop it she's go back to controlling. So if you want to avoid that, get it established in court.

If I go court what will better my chance to have my son live with me?

I'm not sure you can gain primary custody. You would have to prove the mother unfit. But you should be able to get significant visitation especially if you live close enough.

I'm not sure you can gain primary custody. You would have to prove the mother unfit. But you should be able to get significant visitation especially if you live close enough.

I live a 5 min walk away, she has never got him so why would I need to prove unfit? I'm not sure how the law see's it but I see it if he isn't with his mother why can't he be with his father?

You might be able to get 50/50 custody but it's very hard to take a child away from either parent 100% in a court of law. You need proof of your allegations towards the other parent when you go in front of a judge. Other wise its just hearsay and the courts won't approve. Unless she agrees in court that you can have full custody. Then the court would grant you full custody. Unfit would mean: she's a drug addict , a alcoholic, abusive towards her children etc.. But you need physical proof or it will not hold up in court.