I just recently married and my husband has a 3 year old daughter with an ex-girlfriend. They were never married and as of now, they currently have nothing legal pertaining to child custody. He does get his daughter every other weekend though. However, when he upsets her, she threatens to keep his daughter away from him. His name is not on her birth certificate, but they did have a paternity test done and it proved that he was the natural father and he does pay child support and has since he found out he was the father. With the paternity test, can she still legally keep him from seeing his daughter? Also, now that he and I are married, can she have my income included in the calculations for child support? She is on public aid and has two other kids by different men; not sure if this makes a difference.
Thanks in advance.

Well as far as I know from experience if there is nothing in writing then she can keep him from seeing the child regardless of support or the paternity test. If instance if the police were called because she is withholding the child there is nothing they can do without court papers. Your husband needs to petition the court to grant him visition in a legal document. He can do this on his own if you can't afford an attorney. I know becuase i did it for my bf's daughter for him to have Residential custody and not pay child support.

Since the mother has children from different, may i suggest you filing for custody of the child. She would be much better off in a stable environment that one parent isn't using the child against the other.

He needs to file a petition to establish paternity and with the petition attach paternity test results and if he has them, an accounting of support paid and request that support be set at the current amount paid and that he receive reasonable visitation to include the current arrangement, then a provision made for holidays and summer vacation. This would be reasonable and also give him legal rights to be involved in decision-making about the child.

He already has had a paternity test done. It was done through public aid when the mother wanted child support. We actually have an appointment with an attorney later this week to figure out what the best route for us to take will be. We don't want to seek sole custody because the little girl is a BIG mommy's girl and it would probably be detremental to her at this point. We just want something legal that says he gets her at least every other weekend, so when he upsets her, she keep him from seeing his daughter anymore. She is the type to do whatever it takes to get what she wants...no matter who it hurts.

Also, can we have it written in the papers that child support will be this much and stay at that amount through the years? Public aid reviews it every 36 months, but if it were in the court papers, would they still be able to review it?

Thanks to everyone that is responding. Your advice is much appreciated.