QUESTION
Does the father of my son have any rights if I haven't heard from him in six years?
Asked on Nov 02nd, 2011 on Child Custody - Colorado
More details to this question:
My son is 6 years old now. I haven't heard from his biological father since I was 6 months pregnant. I heard he was back in town and now I am afraid he will try to see my son. I do not want him to have anything to do with my child. Does he have any legal rights? If he does, what do I need to do to keep him away?
12 ANSWERS
Steven D. Dunnings
Did he sign an affidavit of parentage (not birth certificate) or is there an order of paternity?
Answered on Jul 03rd, 2013 at 2:07 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 in the State of Georgia and the father has not filed a petition for legitimation, he has no legal parental rights.
Answered on Nov 07th, 2011 at 9:04 AM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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The father of your son does have a right to visitation. Visitation is almost always granted in these types of cases, unless the father has committed certain very serious crimes. The father also has the obligation to support his child. You are entitled to receive back child support from the date of birth, and you may also be entitled to recover a share of the expenses for the pregnancy and birth of your son.
Answered on Nov 04th, 2011 at 2:53 PM
If you don't have any court papers for custody or placement (never been to court or any papers) then you have sole legal custody in wisconsin. He would have to file for rights to have any legal rights. If you have moved on with your life and are married, you could pursue termination of rights and adoption also.
Answered on Nov 04th, 2011 at 1:54 PM
James Albert Bordonaro
Yes, he still has his legal rights but they are subject to being terminated for not supporting you while you were pregnant and the baby after he was born. You need to go to Court and file a Petition to Terminate his rights. This is rather complicated so you should look for an attorney to assist you. If he doesn't show up at the hearing he will lose his rights if he has gotten notice of the hearing. If he does show up, he is entitled to a free attorney and you may be required to pay his attorney fees. However, the law only requires that you show he didn't support you in the last six months of your pregnancy or he provided small amounts of money from time to time but was never really a father to the child. The law only requires that there be a two year "gap" in non-support prior to the time you file.
Answered on Nov 03rd, 2011 at 7:22 PM
If the biological father has not legitimated your son in Court, he has no legal rights.
Answered on Nov 03rd, 2011 at 3:06 PM
Unless the court believes that the father poses a threat to the child, or that it would not be in the best interest of the child to have any contact with his father, most Family Court judges will at least allow him to have court ordered visitation. What you should do at the moment, however, is make a motion to Family Court in order to establish full child custody in your name. As part of the order you can also attempt to limit visitation by the father to a minimal level. With the court order in hand, you will be able to at least prevent the father from simply taking your son away or if the cops are called to handle the situation.
Answered on Nov 03rd, 2011 at 12:53 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Glen Edward Ashman
You didn't say what state the child was born in or the state you live in, and that affects the answer. In most states he has no rights at all, unless he goes to court.
Answered on Nov 03rd, 2011 at 12:51 PM
First, two important questions: (1) were you and the person you're saying is the father ever married to each other and (2) was there ever a paternity determination made, either through the declaration process or through court action? If the answer to both of those questions is NO, then, the best that the man is at this point is an "alleged father." As an alleged father, he doesn't have much if any rights to the child. On the other hand, he doesn't have to pay child support either.
Answered on Nov 03rd, 2011 at 12:46 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Hmmm..."The father of my son...". I am going to take a leap of faith and assume you were never married and he never asked the court, and was never granted by the court, visitation. Absent a specific order of the court under those circumstances, he has no rights whatsoever regarding the child. However, if the father of your child was your husband, then he has as many rights to see the child as you. Please see a domestic relations attorney near you for more information.
Answered on Nov 03rd, 2011 at 12:35 PM
Bankruptcy & Debt Attorney serving Jackson Heights, NY
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Ruiz Law Group PC
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The father of the child has legal rights to visit with the child. The Court may order the visits to be supervised or with a therapist due to the lapse of time the father has not seen the child. There is not much you can do to keep him away but I would think that now that he is back child support would also be an issue.
Answered on Nov 03rd, 2011 at 3:00 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If the father is not on the birth certificate that suggests that there has never been any judicial proceeding to declare him to be the legal father or to give him any specific parental rights. If that is true, he has no rights and you have full legal authority to deny him any access to the child until a court establishes paternity and specific legal rights.
Answered on Nov 03rd, 2011 at 2:30 AM