When The Biological Father Suddenly Demands He Wants Visitation Rights

Published: 11th April 2011
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When you think of the word custody it is usually in the context of a divorce agreement such as those mediated by custody lawyers Frederick, MD residents use. Yet there are many cases where the mother and father are not married and both want either custody, visitation rights or, as is usually the case, a mixture of both in some way. But what happens when one parent, like the unmarried father, has not been involved in a child's life and then suddenly decides he wants visitation rights?



It can be distressing when a biological parent who has shown little interest in a child begins to make demands for visitation or even shared custody. You naturally feel as if he or she has not only missed out on important years in the child's development but in these types of situations the absent parent often has not paid any child support. What next?



Child's Best Interest Comes First



The first step is to choose from among he experienced custody lawyers in Frederick, MD and get legal advice. There are several options to consider, and the best one will depend on the circumstances of the particular situation. The first question to ask yourself is whether allowing visitations with the biological father is in the child's best interests.




That brings up the point that Maryland family courts will consider what is best for the child. The fact a parent has not seen the child the first few years of his/her life does not automatically mean visitations in the future should be eliminated. It also does not mean that the parent who has cared for the child up to that point is sure to be awarded sole legal custody if that has not been legally established already.



The father who is not married to the mother when a child is born is called the acknowledged father even if the father's name is not put on the birth certificate. Since there was no divorce and custody was never formally established, the mother or father would have to file a petition for custody. The other parent would then respond to the complaint. Custody cases can be resolved in court or out of court through voluntary resolution using Alternative Dispute Resolution. In all cases mediation is required before custody arrangements will be formalized and using family mediators in Frederick, MD is highly advised.




Evaluating Proof



Custody lawyers in Frederick, MD deal with all types of custody situations involving married and unmarried parents. Generally speaking, the courts will want a child to spend time with both parents as long as the mother and father are not abusive. But the courts are also very careful to evaluate the proof that is presented showing who would be a better parent or whether time spent with one or the other parent would be detrimental to the child. You can't just claim the other parent is unfit. You have to prove it to prevent visitation.



Family mediators in Frederick, MD work with both parents to find a fair and reasonable resolution. If you have a custody issue that needs to be resolved then seeking the assistance of custody lawyers in Frederick, MD is the first step.

If you are interested to read more details about Custody Lawyers, Frederick MD or Family Mediators, Frederick MD then please visit our website www.thecustodyplace.com

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