[brandy45]

My son will be 16 may 30th his father is a registered sex offender, there have been no visitation agreement or anything we were never married fathers name is not on the birth certificate... my son does not want too see his father and now the father and his girlfriend want too take me too court for sole custody of the child in question... does my child have a right too say he chooses not visit the father? And what are the chances of his father getting custody...

[AK lawyer]

... does my child have a right too say he chooses not visit the father?? ...

Technically, no.

This is asked often on this thread. Most of which you ask is answered in this "sticky" thread. You should read it.

... and what are the chances of his father getting custody...

Not great. I suspect that they want some specific visitation rights, and asking the court for full custody is normally the way to start the process. If I were you I would start by asking the father to honestly tell you what he really wants.

[ScottGem]

This is a different take on the question. First, ANY question on law needs to include your general locale as laws vary by area.

But no where in the US is a child allowed to choose the custodial parent. That decision is made by a court. That being said, it is likely the court will give a lot of weight to a 16 yr old's preferences.

Your son does, however, have the right to refuse to visit. Especially since there is no visitation order. If there was a visitation order, then you would be required to present the child for the scheduled visitation. But you would not have to physically force him to visit. For example; lets say a visit was scheduled for 6PM-10PM on a Friday night. The father was to pick up the child at the local restaurant. You would be required to have the child at the restaurant at the scheduled time. You would not be required to physically force the child out of the car, nor could the father.

You don't say how long the father has been out the son's life, but I don't think he stands much of a chance of getting custody. He might get some supervised visitation, but even that is questionable.

[brandy45]

My sons father had served a 10 year prison sentence... so he was not in his life until he was 12... father is a registered sex offender in tucson Arizona.. there has never been any court ordered child support or visistation we were never married.. I had recently filed for child support and still waiting for him too be served so paternity can be established... his girlfriend seems too think she can file the papers on sole custody is she able too dod so? And is she able too be involved with this case at all?

[ScottGem]

The girlfriend has no legal standing at all. She can file the papers, but he has to sign them as the plaintiff and he has to be in court. Her only involvement in the case would be as support for the father. She might be allowed to testify as a character witness. If she is named on the paperwork at all you may be able to get it dismissed since she has no standing or at least have her removed.

[AK lawyer]

... father is a registered sex offender in tucson arizona..

There are sex offenses, and then there are sex offenses.

What was he convicted of?

[Fr_Chuck]

The "girlfriend" has no right or say in this at all.

The 16 year has a right to testify at a court hearing.

Unless they can prove you are a real danger to the child, a parent who has no visits and no contact with their child is not going to come in and get custody from a parent where there is no issues, He may get visits granted.