[sista sista]

Hello,

My brother has a child by a young lady. The daughter lives with her mother and is supposed to come visit him on the weekends. Suffice it to say, my brother stays with my parents. Every time she visits, he mom calls and states that they are having something special and demands that the daughter come home. To keep down confusion, we drop her off. Is that right? Even during the summer, she sticks to this schedule but we always are cut short. My brother does provide for her financially and so does the rest of the family. His daughter will never have to want for anything except timeand attend from his side of the family. Does he have any rights to see his child if he is supporting her?

[ANB428]

Yes, he has rights to see his child. Is there a custody order?

[sista sista]

They have not had any legal orders put in place, but doesn't he have rights anyway. Every time she gets upset with him about something she uses the child as a pawn. This is not right. Just not right. She doesn't have a monopoly on the child, she didn't get her by herself.

[ScottGem]

Is he on the birth certificate? If not, he has no rights. EVen if he is on the certificate he has very limited rights until he establishes a support order in court. He should do so immediately filing for Joint Custody with a visitation schedule.

[excon]

They have not had any legal orders put in place, but doesn't he have rights anyways?

Hello sista:

Sure, he has rights. If the mother would recognize them, then he'd be fine. But, she isn't. If he can't secure them himself (and he apparently isn't able to), then he needs some muscle. A court order gives him muscle.

excon

PS> As an aside, his right to visit has NOTHING to do with his financial support. If he NEVER visited her, he's STILL obligated to support her.

[sista sista]

Yes he is on the birth certificate and was in the room when she was born. This is ridiculous. There are plenty of good fathers who want to be in their child's life, but they got involved with tac-heads.

So what you're saying is that he doesn't have any rights until he gets something legally in writing?

[ScottGem]

If he's on the because then he's the legal father and has full rights. The problem now is enforcing those rights. If the mother isn't cooperating he needs to go to court.