Son living with mother in another country - How can I get parent rights

J

jk2015

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Jurisdiction
Quebec
My son is living with his mother in Canada. I am in the Ohio. We was never married just dated for several years up until a couple months after he was born. He's only a year old. She doesn't want anything to do with me, will not talk to me. I'm lost at what I should do. I know I will have to take her to court but I'm trying to get some more advice.
 
My son is living with his mother in Canada. I am in the Ohio. We was never married just dated for several years up until a couple months after he was born. He's only a year old. She doesn't want anything to do with me, will not talk to me. I'm lost at what I should do. I know I will have to take her to court but I'm trying to get some more advice.

You have to establish your paternity because as of now you have zero rights to that child and she has all the rights. You will also have child support order placed.

When is the last time you have seen your son? How often have you seen him?

Someone else might know more but it might be a little different since he and the mother live in Canada. I would go find a lawyer. Some do free consultations.

Was the child born in the US or Canada?

Fathers Rights
 
Location of birth is a big issue here, but no matter what you will need to establish paternity and prove you are the father. You will certainly need legal assistance to do that if she is not communicating with you.
 
You have to establish your paternity because as of now you have zero rights to that child and she has all the rights. You will also have child support order placed.

When is the last time you have seen your son? How often have you seen him?

Someone else might know more but it might be a little different since he and the mother live in Canada. I would go find a lawyer. Some do free consultations.

Was the child born in the US or Canada?

Fathers Rights
I was up there last July. After she told me she didn't want anything to do with me. He was born in Canada.
 
Any action you take will have to be in Canada. US law and US courts have no control. You might still find a local attorney who is able to assist you though.
 
I was up there last July. After she told me she didn't want anything to do with me. He was born in Canada.


If you were unmarried when the child was born, he's not your son.
You and I are equally legal strangers in the law's eyes
Unmarried males must first establish paternity in the US, to begin the lengthy process of being declared the legal father.

In the US, that very often involves paternity testing.
In the end it aways culminates in court ordered child support and visitation, rarely does custody appear in the child's early years.
There are exceptions, none of which seem to apply here.

Finally, Canadian laws can be similar, but never the same as US laws.
Plus, the laws vary across the provinces in Canada, as they do in the US states.
 
If you were unmarried when the child was born, he's not your son.
You and I are equally legal strangers in the law's eyes
Unmarried males must first establish paternity in the US, to begin the lengthy process of being declared the legal father.

In the US, that very often involves paternity testing.
In the end it aways culminates in court ordered child support and visitation, rarely does custody appear in the child's early years.
There are exceptions, none of which seem to apply here.

Finally, Canadian laws can be similar, but never the same as US laws.
Plus, the laws vary across the provinces in Canada, as they do in the US states.
I'm just trying to figure out visitation rights as of right now. I have not done the paternity testing yet, although I know that's the first step I will need to take. I know he's my kid as she was down at my place nearly 6 months when she got pregnant. When you say he's not my son because we was not married, what exactly does that mean? I realize at this point I have zero rights. I'm just trying to figure out what are my options.
 
I'm just trying to figure out visitation rights as of right now. I have not done the paternity testing yet, although I know that's the first step I will need to take. I know he's my kid as she was down at my place nearly 6 months when she got pregnant. When you say he's not my son because we was not married, what exactly does that mean? I realize at this point I have zero rights. I'm just trying to figure out what are my options.

Legally he is not your child until you establish paternity. That's what that means when he says that as an unmarried couple legally he's not your son. You have no rights until you establish them.

We already told you how you can get visitation. You have to be established as the father. So that means you go to court and file to be established as the father - and then you take the paternity test and find out if you are the biological father. Then you can file for custody or visitation.

But it is going to happen in Canada. So you need to go find a lawyer where you are to find out what you're going to have to do but in Canada you have to also establish paternity if you're unmarried.

Also if you haven't seen your son in the last year you're relatively a stranger to him and if you get visitation it might be supervised to start with.

You don't "know" that's your kid. So what if she was with you for six months when she got pregnant. You don't think it's possible she cheated on you? Or had a fling? Possible. Doesn't mean it happened. That's why you HAVE to get a DNA test and make sure.

Get a lawyer. Figure out how Canada law works. Get a DNA test. If he's yours file for visitation. If he's not, no problem. Move on.
 
Legally he is not your child until you establish paternity. That's what that means when he says that as an unmarried couple legally he's not your son. You have no rights until you establish them.

We already told you how you can get visitation. You have to be established as the father. So that means you go to court and file to be established as the father - and then you take the paternity test and find out if you are the biological father. Then you can file for custody or visitation.

But it is going to happen in Canada. So you need to go find a lawyer where you are to find out what you're going to have to do but in Canada you have to also establish paternity if you're unmarried.

Also if you haven't seen your son in the last year you're relatively a stranger to him and if you get visitation it might be supervised to start with.

You don't "know" that's your kid. So what if she was with you for six months when she got pregnant. You don't think it's possible she cheated on you? Or had a fling? Possible. Doesn't mean it happened. That's why you HAVE to get a DNA test and make sure.

Get a lawyer. Figure out how Canada law works. Get a DNA test. If he's yours file for visitation. If he's not, no problem. Move on.
Thanks for the tips. It is much appreciated.
 
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