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need_answers · May 29, 2009, 01:13 PM

Does any one know if the following is possible.

My friend divorced his wife 2 years ago. The son that is not his has only known him as his father for the 10 years that they were married. He didn't adopted the boy, as the ex always said she wouldn't keep them apart, and even when the divorce was going on she stated the same thing. It's been 2 years since the divorce and she uses the kid as tool to get money out of him, and if he doesn't give her the money she won't allow him to see the son. He is more than willing to pay child support in order to have access to the child. Is this possible in Colorado. Also the boy is 12 years old, would he be able to tell the judge if he wanted to be able to see the father... would this help the situation in him getting legal rights to see the child.

N0help4u · May 29, 2009, 01:18 PM

He is not the father so she can not get money out of him to see the son, but neither does she have to let him see the boy. He doesn't have to pay and that sounds like extortion or at least something unethical.
Since he is not the biological father I don't know that he can take this to court and win.

IF he were the father he would get a child support order and a custody/visitation order that he could use to back up that she can not get more money and she has to let him see him.

cdad · May 29, 2009, 02:46 PM

Was this child born before the marriage or during the marriage ? Did he tell people this child was his and hold him out as his own ? He may be able to go to court and be granted visitation if he can prove to the courts he deserves to be the putative father based on the actions taken in the past. Also just a note here... Child support and Visitation are separate issues.