Q: What rights do I have to see my child after my uncontested divorce?
My ex-wife and I had an uncontested divorce. No separation agreement or custody paperwork were ever filed. Nor did we submit any documents for child support. She has our child and has been denying me all forms of contact and visitation. Do I have any rights as the biological father? Or do I have to hire an attorney now in order to get visitation rights?
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- North Carolina
- (910) 333-9679
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- Answered
A: if you are on the birth certificate and there are no court orders or agreements to the contrary, then you have as much right to the child as the mother. If she is denying visitation and she does not have a legitimate reason for the denial then you may have to hire an attorney. Most Judges take a very dim view of a parent that withholds visitation without good cause regardless of whether child support is an issue or not. It would be best for you both to put aside any personal differences and cooperate with each other for the benefit of the child - that is also the least expensive way. But if you just can't not be reasonable with each other you may end up having to pay strangers often quite a bit of money to make the fair decisions you could have made for yourselves practically for free.
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