What rights does the father have?

Asked about 1 year ago - Richmond, VA

The mother and father had a very short relationship that ended before the pregnancy was known. This male subsequently fathered 2 additional children. He jumps from job to job. Usually has no where to live. Has been arrested several times for possession. Initially he did not want to see the child until his mother pushed the baby's mother into allowing her to see the baby. The childs mother is in a relationship and wants nothing to do with the baby's father, but he is now wanting to visit (but doesn't want to go to court) the mother is afraid for the baby to be around the father because of things she has witnessed in the places he has lived. What are the chances if she went to court she would be able to have his parental rights revoked or at least no chance for visitation

Attorney answers (2)

  1. James Donald Garrett

    Contributor Level 20

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    Answered . Absent a court order to the contrary, the father is entitled to the same rights as the mother. He is entitled to love and support the child, participate in the decisions for the child, visit and nurture the child, and share a meaningful relationship with the child. This is not only his right, but the right of the child as well.

    If the mother believes the father to be a danger to the child, then she needs to seek the advice of a child custody attorney and file a petition for custody in court. The judge, after hearing the evidence, will make a decision on custody and visitation according to the best interest of the child.

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  2. David Michael Mccormick

    Pro

    Contributor Level 12

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    Answered . I understand the mothers position. Whereas the Court would decide on the visitation issues, you might consider visitation if the grandmother is present. There is alot to sort out in this case, and its best to consult with an experienced custody attorney.

    The criminal charges by themselves may not be strong enough to prevent his visitation rights. The Court can determine what would be reasonable in this case, and the best interests of the child always prevail.

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