Visitation rights as a father

[drake19]

I have a baby with my ex-girlfriend. She is a month old and i want every other weekend visitation with possible over night visits. I live 2 hours away and i am 32 years old and have no other children. What are my rights as a father?

 

[shrinkmaster]

Did you sign any of the birth documents? Is there a current custody and/or support order? We cannot go forward without that for starters

 

[drake19]

I did not sign any of the birth documents. We went to mediation on Tuesday and they want me to drive there 3 days a week, which is 2 1/2 hours away from where i live and visit with the baby for 2 hours with the mother present for the first 3 weeks and then for the first 5 months i have to be at my mother's house for the same amount of time and cannot leave the house with my child. Can i still go to court to try and atleast get one day a week with the child for 6 hours instead of 2 hours a day three days a week since i live somewhere else and my job will not allow me to take the 3 days off of work a week to drive there? The judge has not signed off on anything yet since it was just Tuesday and we havent gone to court just the mediation. ONce the judge signs, i was ordered to pay $250.00 child support per month.

 

[KatDini]

That's the kind of visitation you will get with a relatively newborn. Short frequent visits.

Child support in Texas is a flat 20%.

 

[KatDini]

Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES. (a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor's monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.

(a-1) The dollar amount prescribed by Subsection (a) is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, "consumer price index" has the meaning assigned by Section 341.201, Finance Code.

(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.

(b) If the obligor's monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:

CHILD SUPPORT GUIDELINES

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR

1 child 20% of Obligor's Net Resources

2 children 25% of Obligor's Net Resources

3 children 30% of Obligor's Net Resources

4 children 35% of Obligor's Net Resources

5 children 40% of Obligor's Net Resources

6+ children Not less than the amount for 5 children

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 620 (H.B. 448), Sec. 2, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 767 (S.B. 865), Sec. 5, eff. June 19, 2009.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.154.htm

Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The court shall render an order appropriate under the circumstances for possession of a child less than three years of age. In rendering the order, the court shall consider evidence of all relevant factors, including:

(1) the caregiving provided to the child before and during the current suit;

(2) the effect on the child that may result from separation from either party;

(3) the availability of the parties as caregivers and the willingness of the parties to personally care for the child;

(4) the physical, medical, behavioral, and developmental needs of the child;

(5) the physical, medical, emotional, economic, and social conditions of the parties;

(6) the impact and influence of individuals, other than the parties, who will be present during periods of possession;

(7) the presence of siblings during periods of possession;

(8) the child's need to develop healthy attachments to both parents;

(9) the child's need for continuity of routine;

(10) the location and proximity of the residences of the parties;

(11) the need for a temporary possession schedule that incrementally shifts to the schedule provided in the prospective order under Subsection (d) based on:

(A) the age of the child; or

(B) minimal or inconsistent contact with the child by a party;

(12) the ability of the parties to share in the responsibilities, rights, and duties of parenting; and

(13) any other evidence of the best interest of the child.

(b) Notwithstanding the Texas Rules of Civil Procedure, in rendering an order under Subsection (a), the court shall make findings in support of the order if:

(1) a party files a written request with the court not later than the 10th day after the date of the hearing; or

(2) a party makes an oral request in court during the hearing on the order.

(c) The court shall make and enter the findings required by Subsection (b) not later than the 15th day after the date the party makes the request.

(d) The court shall render a prospective order to take effect on the child's third birthday, which presumptively will be the standard possession order.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 86 (S.B. 820), Sec. 1, eff. September 1, 2011.


Sec. 153.255. AGREEMENT. The court may render an order for periods of possession of a child that vary from the standard possession order based on the agreement of the parties.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.

http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.153.htm

 

[shrinkmaster]

Court is where you will seek any changes. As stated with a newborn your not likely to get more than you already have. You need to discuss your options with your Lawyer, you might also consider moving closer to child

 

[army judge]

I have a baby with my ex-girlfriend. She is a month old and i want every other weekend visitation with possible over night visits. I live 2 hours away and i am 32 years old and have no other children. What are my rights as a father?

As the unmarried father of a child, a father has no rights until he goes to court to seek their enforcement.

Texas law says, in part:


Under Texas law, a child born to a man and woman who are not married has no legal father. There is a difference between a biological father and a legal father. When the child's parents complete an Acknowledgment of Paternity (AOP) to establish legal fatherhood, this helps to secure the legal rights of the child.
A paternity test ordered by the state will also prove and establish paternity, it the unwed mommy is unwilling to play nicely.
Courts cannot order a father to pay child support until paternity is established.
The father cannot enforce his right to visitation or possession of the child until paternity is established.



Contact a lawyer, or the state OAG will assist you in the process.

Their website:

https://www.texasattorneygeneral.gov/ag_publications/txts/paternity.shtml

Child support calculator

https://www.texasattorneygeneral.gov/cs/calculator/

You, as an unwed dad won't get overnights until the child is much older.
You can get visits.
If you and the unwed mom can't agree, she'll likely fight you.
I suggest you avoid trying to convince or coerce her.
I'm sure she knows what you were just told.
Her position at the moment is puerile to yours.

So, good luck, and be ready to learn the ropes of Texas child support laws. They're BRUTAL and COSTLY.

The links will reveal that.

 

[army judge]

I did not sign any of the birth documents. We went to mediation on Tuesday and they want me to drive there 3 days a week, which is 2 1/2 hours away from where i live and visit with the baby for 2 hours with the mother present for the first 3 weeks and then for the first 5 months i have to be at my mother's house for the same amount of time and cannot leave the house with my child. Can i still go to court to try and atleast get one day a week with the child for 6 hours instead of 2 hours a day three days a week since i live somewhere else and my job will not allow me to take the 3 days off of work a week to drive there? The judge has not signed off on anything yet since it was just Tuesday and we havent gone to court just the mediation. ONce the judge signs, i was ordered to pay $250.00 child support per month.

If you're smart, cautious, and legally savvy; you'd request a PATERNITY TEST before doing anything.
Once paternity has been established, then focus on other matters.
Had you been married, you'd NOT have the choice to have paternity proven. By virtue of marriage, you'd have been the putative father. This way, you have a choice. Wouldn't it be a horrible thing to discover in five years that AMOS JONES is the bio-dad?
That would be harmful to you, mom, and baby.

Prove paternity, then proceed or walk away.