How can I get my rights to my daughter

Question Details:

I was told I have a 3-year-old daughter. I have tried being there ever since birth. The mother wants me to pay outrageous amounts, and I have but everytime she gets upset with me she takes my daughter back out of my life, and wants me still to pay when I don't even see my daughter. What is the best way of trying to get a DNA test, and get my rights to see my daughter with out having to go through her mom. How can I do this all with very little money. Please let me know as soon as possible.

Asked 11/7/2009 under Divorce, Marriage, Alimony | 172 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

I am assuming that because you are asking about a DNA test you did not sign an Affidavit of Paternity and were not listed on the child's birth certificate.  I am also assuming that you have no legal document as to support and custody.

You need to seek legal help in your area.  I believe that North Carolina allows you to file for a Petition for Legitimation which makes sure that you are given the same legal rights to your non-marital daughter as if you and her mother were married when she was born.  Once granted it is the first step to a custody and visitation order, which includes the financial support issue or child support.  This will prevent this roller coaster you seem to be on and set a fixed amount of support due as well as fixing your visitation with your daughter on a regular basis.  And it gives you rights that you can act on if your child's mother violates the order.  It also protects your daughter's rights to inherit from your estate should something happen to you.  Good luck.  

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