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How can i keep absent father from getting visitation?

Cleveland, OH |

my daughters father has not been in her life for more than 5 months. now that she'll be three he wants visitation

Attorney Answers 2


  1. I'm sorry to hear that. First, what I would want to know if he's paying child support, were you married to him, is he on the birthcertificate, etc. If you have a court order that gives him visitation, then you must follow that even if he's not paying child support or hasn't see your daughter. The thought is that just because one parent is not doing the right thing, you must still follow a court order or you could be held in comtempt of court.

    Angelina Zinn

    This is just an opinion, and is no way to take the place of an attorney that knows all the facts of the case. Therefore, I would seek such advice as soon as possible.


  2. Presuming that you and the father are not married, unless the natural father files pleadings in Court seeking an allocation of parental rights and responsibilities, which translates into a filing for custody and or visitation, he has no rights.

    Threshold question: Has the Father established paternity by genetic testing ?
    If so he has standing to file an action for companionship. If not, you have the ability to delay him by seeking genetic testing to determine paternity.

    Many fathers do not want to file for genetic testing/paternity, because by doing so, they open themselves up to an order for child support.

    However, what you need to consider is whose, if anyone's, interests are best served by preventing an absent father from getting visitation. The Court seeks to determine whether visitation is in the best interest of the minor child. The Courts do not generally weigh a five-month absence as being substantive. While they may baby step visitation, five months is certainly not enough to preclude his visitation as a punishment.

    A further caveat:

    Have a care-- if the reason you seek to deny visitation is "Baby Mama Drama". Courts generally take the position that you felt strongly enough about the father to make a baby with him, that he can't be all bad a few months later. It takes a pretty strong reason to deny him visitation. A change in your feelings regarding the father does not necessarily justify, in the eyes of the Court, the denial of a Father for your child. Since there's not much information in the question, I tried to give you a fairly broad response. I hope the response helps.

    So, tread lightly. Good Luck.

    The answers to questions provided in response to the request for assistance are general in nature, and reflect information which is primarily based upon general legal principals, and may additionally reflect Ohio principles of legal practice, as this is the primary location of this Attorney's practice. As with any legal advice, the advise is general in character, and should not be put into practice without specifically consulting your local counsel, who will possess far more insight into the applicable standards and laws of your specific State, your case's specific issues and the local Rules of Court and practices of the specific jurisdiction your legal action is governed by. You are specifically instructed : Do not proceed without first discussing this matter with your own local Attorney. Provision of the answers to general questions does not constitute an act of representation, and the Attorney shall not be deemed to accept employment based upon the responses contained herein. The reader is advised that they utilize the general suggestions contained in the responses at their own risk, and under no circumstances should they disregard the advise of their present local legal counsel based upon any suggestions or opinions contained herein.

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