I NEED HELP! Custody and Visitation Rights

[msbrown]

My fiancee had a fallout with his child's mother and she took the child and we haven't seen the child for 2 months. Recently, he spoke with her and asked to see his child and she told him no. I need to know how he can go about gaining joint custody and visitation rights, because it's driving him crazy that he can't see his son and it's driving me crazy to see him upset like this. I really need some help.

 

[Duranie]

First of all is there a current court order for visitation? If there isn't, your fiancee needs to file for one ASAP. If there is one, then a contempt filing is probably warranted on the mother.

He might want to discuss this with an attorney, but he can probably go down to the courthouse and file himself if he knows what he is doing.

Was he ever married to the mother? If not, was paternity established?

 

[msbrown]

He was never married to her and paternity was established. When he files for court order for visitation rights how long will before he can see his son? She also claims that she has custody of his son, if she does what can he do?

 

[Carpet_Dude]

Speak with an attorney.

Usually, a temporary visitation hearing can happen in a few weeks, after which some sort of visitation schedule is started and the issue is sent to mediation. Supposing that everyone involved is normal, and there are no criminal records, abuse history, etc. then standard visitations should apply.
That is in Georgia anyway, your state may be different. NOTE: Most of the time in the courts eyes, it is not good for NON Married people to be living together.

I would take the paternity test results into the meeting with your lawyer, along with a copy of the birth certificate, and her current contact information such as address, phone number, place of work info, etc. This should speed things up a few days anyway.

GOOD LUCK !!