My son is almost 10... He has lived with me his entire life with little involvement from my ex... I have been in a custody battle with his alleged father for six months and he has kept him from seeing me. He filed a 50B ex-parte restraining order on me to keep him from him this weekend for mother's day... just out of spite... Caused a big scene and upset my son so bad cause he just wanted to be with his mom again... he cried all night. There is a good possibility my son is not his child... I was 17 when I had him... young and dumb... I should have taken care of this sooner and I know that was wrong... He is on the birth certificate and we have an affidavit of parentage (I live in NC) He paid child support payments for 3 years... I guess my question is can I get in legal trouble if he turns out not to be his and will I be obligated to pay back child support payments? Thanks for any input...

No, if he signed an a acknowledgement of paternity he is the legal father. So no trouble and no repayment.

However, I wonder how he has the child now. Did you allow him a visit and he kept your son and filled the ex parte? What grounds did he cite to keep you away? Has the court s scheduled a hearing?

My son and I have an argument about him eating his dinner so he got mad at me, called my step dad to come pick him up from my house and he hand delivered my son to his "father"... since then called dss accusing me of over disipline, they have attempted to brain wash my son to hate me... lying to him and telling him there is a paper saying he couldn't see me (which there wasn't because I went to the clerk to check before I picked him up) My son would ask his dad to call or see me and they would tell him no so I had no choice but to go get him from school to attempt to spend the weekend for mother's day with him... so he then filed a 50B under the grounds of drug use and over disipline... It was after hours so he somehow convinced a magistrate judge to sign off on it so it expires Monday at 9am where I have all hopes it will be dismissed...

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Originally Posted by Mammas_Scorn

... and he hand delivered my son to his "father"...

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Not that it matters much, but this part is very confusing. It contains one two many male pronouns. Who hand delivered the son to the "father"? Couldn't be the son, or the "father", so who else could "he" be?

Next so he called his step father or someone to come get him, when they get to the door you don't let the child go, I am sorry, who runs the house, if you get the child back, do you let him run off next time there is a disagreement?

Was it your step father or the child's step father?

But, in any case, you need to get the 50B dismissed AND you need to get sole physical and legal custody. You also need to get DSS to dismiss the case. Otherwise this will happen again.

Hopefully, your son has learned a lesson here.