Can my Son’s Biological Father Claim Custody if he isn’t on his Birth Certificate or Doesn’t Pay Child Support?
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The biological father of my now 4 year old son left me when I was 7 months pregnant, he was seperated from his wife or so he claimed at the time, they have 2 young children. He is not on the birth certificate and only temporarily paid support from when my son was 3 months to 1 year old. I met my husband and moved to the USA with my ex telling me I was doing him a favor and all support stopped as he claimed he did not want to give money to me and my husband to spend! We have a daughter and loving sister for my son and I just want to make sure that my ex cannot do anything to ruin my family, can he claim custody? |
“The biological father of my now 4 year old son left me when I was 7 months pregnant, he was seperated from his wife or so he claimed at the time, they have 2 young children. I am English and was living in the UK at the time. He is not on the birth certificate and only temporarily paid support from when my son was 3 months to 1 year old. I met my husband and moved to the USA with my ex telling me I was doing him a favor and all support stopped as he claimed he did not want to give money to me and my husband to spend! We have a daughter and loving sister for my son and I just want to make sure that my ex cannot do anything to ruin my family, can he claim custody?”
There are really two questions here: 1. Can he bring a court action for custody, and 2. is he likely to prevail if he does.
Anybody can bring an action for anything, however, if the facts are exactly as you present him, he is unlikely to prevail.
Request a confidential divorce or family law case evaluation with an attorney in your area right now! Don’t delay! Time wasted can have a serious impact on the outcome of a family law case!
My Ex Signed my Child’s Birth Certificate, But he isn’t the Biological Father, What Should I do About Correcting Paternity and Child Support?
Does the Biological Father have any Rights if he’s never met his Child or Paid Child Support?
Can a Mother Indicate a Father’s Name on the Birth Certificate if the Father isn’t Present?
For more on this subject check out these categories: Family Law, Child Support, Child Custody, Paternity, Relationships
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State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.