BarborakLaw.com Sep 5, 2010  

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Question: My ex-girlfriend and I had a child together. We are no longer in a relationship. What are my rights?

Answer: Had you and your girlfriend been married when the child was born, the law would presume that you were the child's father. You would have enjoyed parental rights equal to those of the child's mother, until a court said otherwise. However, because you were not married, your circumstances are somewhat different.

Your ex-girlfriend is the sole residential parent and legal custodian of the child. Only she can do such things as enroll the child in school and make decisions regarding the child's health care. In fact, you do not have the right to contact the child. In order for this to change, a court must issue an order establishing your rights as a parent. A court will not issue such an order until paternity has been established. The Child Support Enforcement Agency should assist you in establishing paternity. They should also inform you of your child support obligation.

It is important to note that your rights as a parent can range from occasional visitation to a shared parenting arrangement with the child's mother to full custody of the child. The court will consider various factors in making its determination as to the allocation of parental rights. Any time you are asserting rights as important as parental rights, it is advisable to consult with an attorney who practices family law.

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