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.
“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.
Question: Anybody can bring an action for anything, however, if the facts are exactly as you present him, he is unlikely to prevail.
