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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney

A house attorney has answered this question.