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    nelson20_05's Avatar
    nelson20_05 Posts: 1, Reputation: 1
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    #1

    Oct 29, 2013, 10:08 AM
    West Virginia Law on Birth Parents
    Hello,

    Been searching for some information on legal advice and knowledge about the birth rights of a father that is on the birth cert and his legal right to see and take actions within the child's life. The mother of the child does not allow the father to see or take action within the child's life. Paperwork for custody has been filed but is there not anything that a father can do with his birth rights in the meantime. So, I guess to be clear does a father have 50/50 rights the same as the mother or does she have legal custody at birth. If so could you link or give me the ref number to the law if you have the time. I'm doing my own case because I feel, I can gather the knowledge and fight for my rights as a father and to be apart of my little boys life without fear that the mother will limit or take him away from me. Thanks in advanced to anyone that could answer this for me.

    Thanks!
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Oct 29, 2013, 10:43 AM
    Its really simple... he goes to family court and gets a custody and a visitation order put in place by the court... the court then could legally enforce it if the mother refused to abide by it.

    That action does of course open him up to child support obligations.

    If the court has already done this then he has to go back to the court to have it enforced by them.



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    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 29, 2013, 11:22 AM
    I guess to be clear does a father have 50/50 rights the same as the mother or does she have legal custody at birth.
    The former in most places. Both parents share full custody (Not 50/50, which seems to imply a right to 50% of the time. Both parents share the right to 100% of the time, actually.). There are exceptions to this in some states. I discovered a few weeks ago that, in Illinois and another mid-western state I think, that there is a presumption that in effect gives an unwed mother primary custodial rights.)

    You should check your state statutes (usually in the title relating to parent/child, marriages, or something like that) to be sure.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 29, 2013, 12:56 PM
    Yes, as AK said, each legal parent (being listed on the birth certificate makes you a legal parent) has equal rights, not 50/50. But, in this case, possession is 9/10ths of the law. So the mother has control until and unless a court orders that you have visitation and joint legal custody.

    I suggest reading this site Father's Rights | Family Law, Inc.

    I would strongly suggest that you not fight this yourself, since the deck is generally stacked against you.

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