What to do regarding a father’s visitation rights with their child?

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What to do regarding a father’s visitation rights with their child?

My grandson is 16 months old. His mother is illegal and my son (the dad) is a US citizen. They have not been to court for anything and she did not give the baby my son’s last name at birth. She recently has allowed my grandson to come visit only on Sundays. What are our rights since my son has not takrn a DNA test to establish pternity no paternity and she being illegal. Do we have any say at all about the control she is keeping? I mean she is here illegally and so is her mom, sister. They work and I know that their I’s and such are fake. Can someone please advise me, what’s best for us all? My son has done everything that she has asked him to do in regards to the baby.

Asked on October 17, 2012 under Immigration Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He needs to take her to court. He needs to demand a DNA test to establish paternity and then set child support/custody and visitation. He needs to present his case, including the care you give and he needs to demand joint custody or full custody and then demand the birth certificate be changed to include his last name and change the baby's last name. He needs to be the one to push these items. If he stays on top of it, he stands a good chance of getting his demands met.


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