My Ex Girlfriend Won’t Let Me See My Child – What Are My Rights? Petitions for Paternity & Visitation in Family Court
- Michael Capleone, Sr.
- 7 days ago
- 5 min read
You love your child. But now your ex-girlfriend has cut off contact and is denying you access. She’s making decisions unilaterally, excluding you from parenting, and refusing to let you see your own child. If you’re not on the birth certificate or legally recognized as the father, you might feel powerless. But you’re not. You do have rights—you just have to claim them.
Step One: Establish Legal Paternity
In Alabama, an unmarried father must legally establish paternity to gain enforceable rights. Even if you're the biological father, the law doesn't assume paternity unless:
You were married to the mother at the time of birth, or
You and the mother both signed an Acknowledgment of Paternity (AOP), or
A family court declares you the legal father.
Without legal paternity, you can’t file for custody or visitation, and the mother is under no legal obligation to include you in parenting decisions.
To start, file a Petition to Establish Paternity in your local family court. This is the first and most critical step toward securing custody and visitation rights.
What Happens During a Paternity Case?
If the mother disputes paternity, the court will likely order a DNA test. This test is quick, non-invasive, and over 99% accurate. Once the court confirms you are the biological father, you can move forward with your custody or visitation petition.
You can request:
Joint legal custody (shared decision-making)
Physical custody (where the child lives)
Visitation rights (including regular, holiday, and summer schedules)
Communication guidelines and parental responsibility agreements
The judge’s goal will always be to serve the best interest of the child.
How Courts Evaluate Custody and Visitation for Fathers
Alabama courts evaluate several factors before issuing custody or visitation orders, including:
The child’s age and emotional needs
Each parent’s ability to provide a stable, safe environment
The moral character and parenting history of each parent
Willingness of each parent to support the child’s relationship with the other
Any history of domestic violence or substance abuse
Even if you’re starting from zero, courts do not favor mothers by default. You can secure meaningful visitation—or even custody—once paternity is established.
What If the Mother Still Refuses Visitation?
Until a court order is entered, the mother holds all legal control. She is not required to allow visitation, and you are not required to pay child support unless ordered. However, delaying action only gives her more leverage.
Once you have a court order, refusal to comply can result in legal penalties for her, including:
Contempt of court
Fines or sanctions
Changes in custody
Jail time in extreme cases
Protecting Your Future with Legal Action
Establishing paternity is about more than paperwork—it’s about protecting your relationship with your child. Every week you wait is another week your child is missing the chance to bond with their father.
Take action now. File your petition. Stand up for your rights and secure a meaningful place in your child’s life.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond.
These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.
For less than the cost of a single attorney consultation, you get targeted strategies built from over 22+ years of real-world family law experience. These aren’t generic blog articles or cookie-cutter templates. Every guide is designed to give you immediate, actionable steps — the same strategies I teach my own clients — adapted for real people dealing with real, high-stakes problems.
If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.
Winning in court isn’t just about having evidence. It’s about understanding the psychology, the patterns, and the legal strategies that judges actually respond to. These guides put that power in your hands. If you’re ready to stop reacting and start taking control, you’re exactly where you need to be!
For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only.
This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
