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-   -   Does he have rights? (https://www.askmehelpdesk.com/showthread.php?t=187393)

  • Feb 23, 2008, 02:04 PM
    donna1983
    Does he have rights?
    My ex partner has never been in my sons life simply because I never knew where to contact him like a bad penny he has demanded he wants to start to see him he pays no money to me whatsoever and says he has rights as a father son is two years old does he have any legal rights to him? He also said that my son was not his.

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  • Feb 23, 2008, 02:58 PM
    N0help4u
    He has rights but the kid is not his... I like that.
    You have rights too.
    If there is a possibility he is not the dad go for paternity testing and then
    You can file for child support and he can file for visitations and let the Judge sort it all out.
  • Feb 23, 2008, 06:20 PM
    ScottGem
    Is he on the birth certificate? If not, you can deny him access and he will have to file suit in court and provide a paternity test. I doubt if he will go through that expense.

    If he is on the birth certificate, then he has the same rights as any father, also the same responsibilities. So if he files for visitation, you counter file for support, including back support. You can claim you didn't apply for support initially because you don't know where to find him.
  • Feb 23, 2008, 06:52 PM
    s_cianci
    If he wants to exercise his paternal rights he'll have to get a court order. Has paternity ever been proven? If not, then you, he and the child in question will have to submit to a DNA test. If it turns out that he is in fact the father then a visitation order will be set up along with an order of child support. Then both orders are binding ; he to the child support order and you to the visitation order. Not adhering to either of them constitutes contempt of court and can lead to legal troubles, including possible incarceration.
  • Feb 24, 2008, 08:31 AM
    macksmom
    If there is not a court ordered visitation arrangement he has no legal right for visits. If he is not on the birth certificate he has no legal rights to the child period.
    He would have to go to court, establish paternity, and file for visitation... just as you would have to file for child support.

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