Is there any way the mother of my child can keep me from our son?

UPDATED: Nov 1, 2012

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Is there any way the mother of my child can keep me from our son?

We both signed the paternity affidavit at the hospital saying I am the father, but had not gotten the the paternity test done yet. My name is on the birth certificate, and he has my last name. We are engaged, we have had communication issues she left our apartment to go to her parents after a fight we had. We have both talked about getting help from counselor on how to communicate better before hand. She has not let me see my child for over a week and there has been very little contact between us. It has been a very hard time for me being away from my son and her I sought out help from a counselor on how to better communicate and to vent my emotions.

Asked on November 1, 2012 under Family Law, Indiana


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Until an order is in place, then yes, she can restrict your access to the child because she is a biological parent.  If you are not going to be able to resolve your issues, then you need to file a custody suit, have yourself officially declared "dad", and request the court to set up periods of visitation so that you can have access to your child.

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