Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My sister has a 7 year old boy who has not seen his dad in about 2 years. The father is not on the birth certificate per his request because he did not want to have to pay anything when it came to his son. My sister moved to North Dakota when the baby was 1, to be closer to her family and to better her and her son’s life. The father had no problem with her moving since that way, he didn’t have to fork out the money to care for her or his son. The father lives in Oregon and my sister has taken their son out there to see him, but stopped 2 years ago because she can’t afford it. The father has never made an effort to come to North Dakota to see him. He got on Facebook and friended many people from our small town and said not very good things about my sister to people. Now he calls her every day at work, about 5 times a day, and will not stop. He calls my parents, and his daughter calls my parents, and says not very nice things on the message. They have blocked their numbers, but they figure that out and call from a different phone. They threaten to come to North Dakota and take him from her. How can my family stop the harrassing calls from these people?”
Ok, there are several things going on here. First, and foremost, not being on the birth certificate does not, in any way, absolve him of his responsibility to pay support, *nor* does it remove his right to spend time with his son. Second, there are *always* at least three sides to every story: his side, her side, and the actual facts.
In order to stop the harassing calls, your sister will need to file a motion with the court to get a restraining order, however she will need to be prepared to deal with the family law issues (which should have been dealt with 7 years ago), including both child support and parenting time for the father.
