If you’re a father being kept from your child, you’re probably feeling a mix of frustration, anger, and heartbreak. It’s a tough spot to be in, and you might be wondering what you can do about it. The good news is, you have options. In Missouri, both parents have rights when it comes to their children, even if they’re not married.
Your Rights as a Father
In Missouri, both parents have equal rights to their child, regardless of whether they’re married or not. This means that, as a father, you have the right to be involved in your child’s life, make decisions about their upbringing, and spend time with them.
However, these rights aren’t automatic if you’re not married to the child’s mother. If you haven’t established legal paternity, that’s the first step you’ll need to take.
Establishing Paternity
If you weren’t married to the mother when the child was born, you’ll need to legally establish paternity before you can enforce your rights as a father. In Missouri, there are a few ways to do this:
- Voluntary Acknowledgment of Paternity: If both you and the mother agree that you’re the father, you can sign a form called a Voluntary Acknowledgment of Paternity.
- Paternity Test: If there’s any doubt, you can request a DNA test to prove you’re the biological father.
- Court Order: You can file a paternity action in court, which will result in a legal determination of paternity.
Once paternity is established, you have the same rights and responsibilities as any other parent.
Legal Options When Mother Denies Visitation
If the mother is denying you time with your child even after paternity is established, you have several legal options:
1. File for Custody or Visitation
If you don’t already have a court order for custody or visitation, this should be your first step. You can file a petition with the family court asking for:
- Legal Custody: This gives you the right to make important decisions about your child’s upbringing.
- Physical Custody: This determines where the child lives.
- Visitation: This sets a schedule for when you can spend time with your child.
The court will consider what’s in the best interest of the child when making these decisions. They’ll look at factors like:
- Each parent’s relationship with the child
- Each parent’s ability to provide for the child
- The child’s ties to home, school, and community
- Any history of abuse or neglect
2. Enforce an Existing Court Order
If you already have a court order for custody or visitation and the mother is violating it, you can take legal action to enforce the order. This might involve:
- Filing a Motion for Contempt: This asks the court to hold the mother in contempt for violating the court order.
- Requesting Makeup Parenting Time: You can ask the court to order additional time to make up for what you’ve missed.
- Modifying the Existing Order: If the current arrangement isn’t working, you might need to ask for changes to the custody or visitation schedule.
3. Consider Mediation
Before jumping into a court battle, consider mediation. This is a process where you and the mother work with a neutral third party to try to resolve your issues. Mediation can be faster and less expensive than going to court, and it can help you find solutions that work for everyone.
4. Document Everything
Whatever route you choose, it’s crucial to document everything. Keep a record of:
- All attempts to see your child
- Any communication with the mother about visitation
- Times when you were denied access to your child
- Any reasons given for denying visitation
This documentation can be valuable evidence if you need to go to court.
What Not to Do
While it’s frustrating to be kept from your child, there are some things you should avoid:
- Don’t withhold child support: Even if you’re being denied visitation, you’re still legally obligated to pay child support. Withholding it can hurt your case.
- Don’t bad-mouth the mother to your child: This can backfire and damage your relationship with your child.
- Don’t try to take the child without permission: This could be considered kidnapping, even if you’re the father.
Why You Need an Experienced Family Law Attorney
Dealing with custody and visitation issues can be complicated. It’s often helpful to have a family law attorney on your side. A good attorney can:
- Help you understand your rights
- Guide you through the legal process
- Represent you in court if necessary
- Help negotiate with the mother or her attorney
At Raza Family Law Solutions, we’ve helped many fathers in situations like yours. We know how important it is for children to have both parents in their lives, and we’re committed to helping you maintain a strong relationship with your child.
What to Expect in Court
If you do end up going to court, here’s what you can expect:
- Filing the Petition: Your attorney will file the necessary paperwork with the court.
- Serving the Mother: The mother will be officially notified of the legal action.
- Response Period: The mother will have a chance to respond to your petition.
- Temporary Orders: The court might issue temporary orders for custody or visitation while the case is ongoing.
- Discovery: Both sides might exchange information and evidence.
- Mediation: Many courts require mediation before a trial.
- Trial: If you can’t reach an agreement, a judge will hear both sides and make a decision.
- Final Order: The judge will issue a final order detailing custody and visitation arrangements.
Remember, the goal is to maintain a healthy relationship with your child. Even if things are difficult with the mother right now, try to keep the lines of communication open. Be respectful, be consistent, and always put your child’s needs first.
If the mother is willing, consider working with a co-parenting counselor to improve your communication and develop a positive co-parenting relationship. This can make things easier for everyone in the long run.
Final Thoughts
Being kept from your child is a painful experience, but you have options. Don’t give up. With patience, persistence, and the right legal support, you can assert your rights as a father and maintain a strong relationship with your child.
At Raza Family Law Solutions, we’re here to help you navigate these challenging waters. We believe in helping people do family law better, focusing on solutions that put your child’s needs first while protecting your rights as a father.
Remember, every situation is unique. If you’re facing issues with child visitation, it’s a good idea to consult with a family law attorney who can give you advice tailored to your specific circumstances. We’re here to help you understand your options and find the best path forward for you and your child.
