If you and the mother of the child are not married, fathers or guys, you do have rights. There’s a little bit more of a process that you have to go through, it’s not presumed that you are the father just because you might have had an intimate relationship with the woman who is either with child or is pregnant. What she would need to do is actually, it’s very similar to if you were married. But the number one thing that you have to do first is, you have to file a petition to establish paternity. What that means is that you would.
Either have to submit to a dna test, or it’s possible that you’re on the birth certificate, but it’s actually a very simple process. If the mother of the child simply just admits that you are the father of the child, you can kind of just go over that presumption, and they will grant that as you being the father of that child. Also, on the flip side, if a woman comes to you, and says, Hey, this is your child, and you need to start supporting it, they also have to establish paternity. So, you could.
Ask for a dna test, and then, usually what will happen is, you could also ask for the failing party of the DNA test. So, if you want it to be your child and she doesn’t want it to be your child, or she wants it to be your child and you don’t want it to be your child, whoever is the nonprevailing party usually would have to pick up the fees and the costs associated with that DNA test. But after that, and after the DNA test is done and it is proven to be your child, there’s the same areas of law and same areas of rights.
Are established. there is legal decisionmaking, parenting time, and child support. now guys, I’ve had quite a few clients who. The mothers have come, and the children are already grown up a little bit so, if there is a child who is of significant age but still under the age of 18, they could still try to establish that paternity, and try to get you for child support. The good news is, though, that they can only get you for three years of that child support. So, hopefully that doesn’t happen to you, but it is possible. Those are your.
Rights, you do have rights if you’re married. here’s the thing though, guys. if you are not married. It’s kind of, both, if you’re married or you’re not married, until there is a court order in place, it’s kind of the child. The parent who’s holding the child can, kind of, dictate and doesn’t necessarily have to give you parenting time, so if you and the mother of the child are not getting along, it is good to get some kind of court order in place if you’re not at an amicable place.
How Do Fathers Get Custody of Their Child
Hello, my name is brian galbraith and i’m the owner of galbraith family law. we’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since.
She was the one primarily looking after the children anyway. it was in the children’s best interested to be with their mother. Nowadays, both mothers and fathers usually participate in the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it’s in the best interest of the children that he has custody. A strong argument would be that he was traditionally.
The one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As a result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where.
The parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.