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courtney_nicole · Dec 28, 2010, 03:32 PM

I have a 10 month old son whose biological father hasn't had much to do with. We were together during the pregnancy for the sake of the child, he signed the birth certificate but we split a month after my son was born. He got the baby a couple times when we first split and then didn't see him for 3 months then wanted to get him one day and then didn't ask again for another 3 months. I have went to child support services and he just filled the paperwork out months later and now wants to see our son. Can someone please advise me on what visitation and legal rights he has as the biological father?

ScottGem · Dec 28, 2010, 03:42 PM

He has full and equal rights to the child. But courts tend to favor the mother so you will probably get primary custody. He will be allowed visitation. If he does not follow the visitation schedule approved by the court, then you can go back to court and ask they the visitation be curtailed. You should also be filing for child support.

courtney_nicole · Dec 28, 2010, 03:49 PM

I have filed for child support we go to court for that on February 1st, but now that he has filled out the paperwork he thinks I have to let him get our son. How do I go about getting a visitation schedule set up through the courts?

I want him to be a part of our sons life, but only if he is going to be persistent. I don't want my son to be confused with him.

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Fr_Chuck · Dec 28, 2010, 04:22 PM

You can not control if he is persistent and visit with the child is with the child not you,

You need to file in court for custody of the child also, not just support. He has the right to file for court ordered visits. You should be making an effort to allow him visits with the child on some regular scheulde until he gets court ordered visits.

ScottGem · Dec 28, 2010, 06:53 PM

First please don't use the Comments feature for followups. Use the Answer options at the bottom instead.

You should go to court and establish primary physical custody and file for child support. If he wants visitation let him apply for it. If he asks to see the child tell him you are perfectly willing but you want a set schedule set up with the approval of the court.