How can we set up legal child custody and visitation?

I have a 16 year old daughter with a baby and the father is on the birth certificate. The mother of the baby’s father has been in her life and sees her at least once a week but my daughter wants something more concrete as far as visitation.
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Answered By: The Law Office of Cathy R. Cook
If the father is not involved, your daughter could enter into a grandparent visitation agreement with his mother. You should have an attorney deal with this.

Answer Applies to: Ohio
Replied: 11/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Alfred Law Firm
Your daughter is the only legal parent of the child since the child was born out of wedlock and has not been legitimized by the father. She can ask for child support if she wishes to do so, but she cannot force the father to see the child if he does not want to. If the father desires, he can file a petition for legitimation with the court to establish himself as the child's legal parent and can ask for set visitation in the petition.

Answer Applies to: Georgia
Replied: 11/6/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Office of Kem Eyo, LLC
For a putative father (not married to the mother at conception or birth) to obtain visitation, he must first file a suit for Legitimation. For the child's mother to establish paternity, she would have to file a suit for Paternity. For the child's paternal grandparents to establish visitation, they must file an action for Grandparent Visitation.

Answer Applies to: Georgia
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bruning & Associates, PC
I will file an action to establish the parent-child relationship between the baby and father. The court will order the father to pay child support, will establish custody, and will arrange for the appropriate visitation schedule. The issues of child support, custody and visitation will be set forth in specific terms in a written judgment by the court.

Answer Applies to: Illinois
Replied: 11/4/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reza Athari & Associates, PLLC
I would recommend filing a complaint for custody with the Family Court and your daughter and the father can also submit their own custodial arrangement for approval by the Court. Any agreement will include terms for visitation and child support and once ordered by the Court, will be enforceable through the police. The Family Court offers self-help forms to assist you.

Answer Applies to: Nevada
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Reeves Law Firm, P.C.
You need to hire a lawyer to "establish paternity" and get custody orders and child support orders set up.

Answer Applies to: Texas
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: AyerHoffman, LLP
Grandparent visitation is certainly something that may be established through the court, and you may want to consult with an attorney or legal aid organization prior to filing the paperwork to establish this visitation. Also, you will want to ensure that this is something that the paternal grandmother also wants prior to filing the necessary paperwork.

Answer Applies to: Massachusetts
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Hochman and Peppler, LLC
You need to file a paternity action asserting that he is the father and seeking to establish child support and a formal contact schedule. You should see a lawyer about what this entails.

Answer Applies to: Florida
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: DiOrio and Sereni LLP
A Complaint for Custody should be filed, in order for the Court to appropriately address all issues.

Answer Applies to: Pennsylvania
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Swann-Zwiebel Law Firm, LLC
A paternity action will need to be filed. This will set up visitation as well as child support. If unmarried at the time of birth, the father will have to be adjudicated the legal father with DNA testing despite the fact he is on the birth certificate. All this can be done as part of a paternity action. An attorney can file and legally advise you on how to proceed and file for this.

Answer Applies to: Alabama
Replied: 11/3/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of James Lentz
Your daughter is the sole residential parent and custodian. She calls the shots as to who sees the child and when. That the father is on the birth certificate is irrelevant; he and his family can only see the child when your daughter says so until the court orders otherwise.

Answer Applies to: Ohio
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: John E. Kirchner, Attorney at Law
The parties can devise their own written agreement establishing whatever rules concerning the child they wish to establish. As long as both are willing to abide by the agreement, it may be sufficient. However, it is not legally binding or enforceable unless and until it is approved and adopted as a court order in a paternity or custody case. Generally, in Colorado a grandparent can only acquire legally enforceable visitation rights as a part of a custody case between the parents.

Answer Applies to: Colorado
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Grandma usually has no legal rights at all.

Answer Applies to: Georgia
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office Of Jody A. Miller
Right now your daughter has full legal and physical custody of the child and has the right to dictate how and when the father sees the child. If she wants a court ordered schedule, she can to file paternity action and request child support and a court ordered visitation schedule. Frankly, it's up to the father to file a legitimation action and ask for visitation; it's not the Mother's responsibility to request a visitation schedule under these circumstances since she already has full custody and control over the child.

Answer Applies to: Georgia
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ruiz Law Group, P.C.
You as the guardian of your daughter will have to file for custody of the child to set up visitation.

Answer Applies to: New York
Replied: 11/2/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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