QUESTION
Do I legally have to remain in contact with the father of my child?
Asked on Oct 24th, 2011 on Child Custody - Georgia
More details to this question:
My son's biological father has never had rights established through the court system and has never paid child support. For the last year he has been able to visit with our son twice a month as established by me. He has been able to contact through my work number and my mother’s home number. I blocked him from calling my cell phone due to harassing phone calls and text messages. Is this the right thing to do in the eyes of the judicial system?
10 ANSWERS
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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In Washington the court will be concerned about the child. Is the child better off with one loving person in contact with them or two? If you are in danger, you should get an order of protection. If you are being harrassed that's not good. But what is best for your child?
Answered on Jul 11th, 2013 at 9:18 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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What does your court order say?
Answered on Jul 03rd, 2013 at 2:36 AM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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If the child was born out of wedlock and he has not legitimated the child in Georgia, he has no rights to the child legally. You can decide morally whether you want your son to have a relationship with his father or not.
Answered on Oct 26th, 2011 at 9:01 PM
Patricia C. Van Haren
The courts favor that a child has frequent and continuing contact with both parents. You do not want to be in a position where you have concealed the child from the other parent. If you are being harassed by the father, you may need to seek a restraining order and formal orders for visitation to the father.
Answered on Oct 26th, 2011 at 2:01 PM
William C. Gosnell
You should make him pay child support. You should establish paternity. As long as there is some form of contact, its ok for you to block him from harassing you.
Answered on Oct 25th, 2011 at 5:03 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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No. Courts generally believe that a child should have the benefit of on-going contacts with both parents.
Answered on Oct 25th, 2011 at 3:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Until there is a court order determining that he is the legal father and specifically stating what his legal rights are (as well as his legal financial obligatons), the man you believe to be the bio-father has no specific rights and you are not violating anything by refusing to allow any contact. However, you must take into account the effect that no contact will have on your son because if you are shutting off a meaningfully relationship between the child and his father you will not appear to be the best mother you could be. You should start a legal paternity proceeding now to get things set in writing about who has what rights and authority.
Answered on Oct 25th, 2011 at 3:20 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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Yes, unless you want the child to be the sole contact with the father. I usually recommend that the parent stay in the loop.
Answered on Oct 25th, 2011 at 3:15 PM
You talk about the father of your child. However, you don't say whether he has been established legally as the father either through the paternity declaration system or through court action. It seems to me that until that issue is squared away, the court is not going to be too interested in the fight over visitation. Also, I imagine that he is not going to be too interested in pushing the issue as he is not paying child support now. If he goes into court, likely, he is going to end up having to pay some sort of child support. I suppose that we could also ask why you're not taking the matter to court to establish a fix visitation schedule and/or establish child support.
Answered on Oct 25th, 2011 at 2:58 PM
Glen Edward Ashman
Assuming the child was born and lives in Georgia, since you posted via a Georgia site, until and unless he legitimates the child, he has no right to see the child. I should note that since you have previously allowed contact, denial could work against you, so you need to sit down with a lawyer.
Answered on Oct 25th, 2011 at 2:35 PM