QUESTION
Can a father stop the mother and the stepfather from posting on social media websites that the stepfather is daddy?
Asked on Apr 23rd, 2014 on Child Custody - North Carolina
More details to this question:
I pay child support. Ex girlfriend is 28 years old. We were never married. We dated for 6 years. Child is 5 years old. I never had visitation written up because I just ask when I wanted him every other weekend. But now that she is married, she never wants to let me have him. She always has an excuse. I never have him on holidays or birthdays, a few hours on Christmas. I'm planning on going to court for visitation and I want to know if I can put a stop to them posting that her husband is my son's daddy and the mother is putting it out there too. I feel this is taking away my right as a father. The step dad is a policeman and the mom stays at home.
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
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You need to file a petition for custody. Talk with a local family law attorney.
Answered on Apr 25th, 2014 at 5:52 PM
Attorney serving New Orleans, LA
at
Nancy C. Chachere Attorney at Law
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It is important to maintain a relationship with your son. Get into court to get at least a temporary order of custody and visitation until a permanent one can be entered. You will have an opportunity through the hearing officer, evaluator, mediator, or judge to express your dislike of the practice of referring to step-dad as dad, and that can be part of the order.
Answered on Apr 25th, 2014 at 5:52 PM
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
Generally speaking, your average citizen would have no ability to prevent social media posting. If they wanted to do so they would generally need to either seek the assistance of the social media provider and / or seek legal action such as an injunction to prevent the posting. Be advised posting something on social media that is not true can result in a suit for either libel and / or libel per se.
Answered on Apr 25th, 2014 at 5:51 PM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
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Since you haven't done anything so far to make yourself the legal father, you have limited room to complain. You should have done this as soon as the child was born. If you want to be the father, then do what has to be done legally and establish a parenting plan and child support. As part of that you can ask the court to enjoin the mother from putting anyone else out as the father.
Answered on Apr 25th, 2014 at 5:51 PM