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. 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.