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My son is 13 months old, his father just met him 4 months ago. He is not on the birth certificate and my son has my last name. I don't get child support from him either and he takes my son when its convenient for him. This isn't how I want things for my son, and nothings changed so I would rather just have him not in the picture at all. I don't know if he has any legal rights or how to go about this. I'm trying to avoid the courts because that takes too long and costs money I don't have. If anyone has any advice that would help me, I would greatly appreciate it.

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Originally Posted by Simplyme4714

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My son is 13 months old, his father just met him 4 months ago. He is not on the birth certificate and my son has my last name. I don't get child support from him either and he takes my son when its convenient for him. This isn't how I want things for my son, and nothings changed so I would rather just have him not in the picture at all. I don't know if he has any legal rights or how to go about this. I'm trying to avoid the courts because that takes too long and costs money I dont have. If anyone has any advice that would help me, I would greatly appreciate it.

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As the biological father he has rights; however, he doesn't get to exercise them until the Court says he can.

So - if you refuse him access to the child he has to go to Court to get visitation and then you file for support.

Or you can file for support now but visitation will probably be awarded to him - once he is the proven father and unless he's a danger to the child.

But you cannot strip him of his rights.

Family Court - or the Court that handles this in your area - is almost always user friendly. You do not need an Attorney. However, you can't strip him of his rights. You can force him to pay support.

Could you not come to some agreement between you, concerning your son.

Obviously things cannot stay as they are, something has to be sorted out regarding visiting etc... but it would be good if your son could benefit from having both his parents through out his life.

This is a legal issue so I moved this to the Family Law forum. As Judy noted, since his name isn't on the because he has no rights currently. If you refuse to allow him to see the child and he wants to, then he will have to go to court and prove paternity, then get himself listed as the legal father and petition for a visitation schedule.