QUESTION
My exboyfriend who is not on the birth certificate and refuses to take paternity testing wants our 3yr old son for 6 months at a time. Will he get him
Asked on Jan 31st, 2012 on Child Custody - Minnesota
More details to this question:
My exboyfrend did not show up to the birth of our son, refuses to take paternity testing so I can get child support, he has never financially helped me with our son, and he is also an alcoholic who plays video games all day. He can''t keep a job for longer then 6 months and hasn''t lived in a stable location in over 4 years. He wants me to agree to let him have our son for 6 months at a time and he lives 1000 miles away from me and our son. If he were to take me to court for custody, would they even grant him any custody or just visitation?
1 ANSWER
William/J Joanis
His rights under Minnesota law are limited to the right to go to court and ask for some rights. Other than that, he has ZERO rights to parenting time, zero custody rights. He does have an obligation to pay child support, but other than for that, he is barely recognized as having rights. The Court would not grant him joint physical, and if you don't communicate well or if he has hit you, he would not probably even get joint physical. He will probably get some parenting time, but limited to a few hours, and gradually a sleep over every two weeks, but that is only likely if he lives here in a stable and same environment. If he takes you to court for custody, it is a good time to start collecting the child support. He owes past child support. That will be repaid by making him pay 120% of what he now has to pay, until that extra 20% brings him current. Good luck. If you need help, we are reasonable and do payment plans as do other lawyers.
Answered on Feb 01st, 2012 at 3:49 PM