Do I have to wait for the courts to grant me access to my child or do I have automatic parental rights?

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Do I have to wait for the courts to grant me access to my child or do I have automatic parental rights?

I am going through a paternity case with my child’s mother. I have just filed a motion for mediation. Now she won’t let me see my child or have any contact.

Asked on November 17, 2011 under Family Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry that you are having such difficulty gaining access to your child.  It is a shame for both of you.  I am going to assume here that you and the child's mother are not, nor never were, married.  If that is true then at this point in time - with out any court order establishing paternity or a visitation schedule - you have no parental rights to your child.  It may really be in your best interest to file a otion for a temporary order of vistiation in this matter as well.  Maybe you already have and I have spoken out of turn.  But it seems to me that you may need to obtain some leverage here by having an attorney step in for you.  Think about it.  Good luck to you.   


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