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My son was born May 9th 2013. His biological dad has only seen him twice in his whole 4 years of life. Once at the hospital when he was 2 days old. And the other was back in September of 2017. I reached out to him to start seeing my son in 2017. He had every opportunity to see him from 2013 -2017. But he himself never tried until I messaged him. My son has my husbands last name ( he was there when he was born, has taken care of him since birth.) I put him on the birth certificate. Can i get in trouble for doing that? And what can I do about my sons biological father? I told him to take me to court if he wants to continue to see my son. He has been in and out of jail for drugs, no DL, etc.
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NA smsattorney@gmail.com
As much as I encourage parents to work together and maintain a healthy relationship with the kids, I don’t think it would be best to leave the child with him completely. He can have supervised visitation. Also no it’s not illegal to have your husband on the birth certificate as hospitals most times goes by the marriage certificate and assume the father of the child is the present man at the time of child birth. You did the right thing to ask him to take you to court if he wants to see the child. However I doubt he getting the best lawyer to fight for custody even than you can use his criminal background and drug history to contest that he should only get supervised visitation. His lawyer might petition the court for DNA and stuff and to change the birth certificate. So don’t be surprised when that comes about. Doing that will ensure he utilizes his rights. The decision to go to court is good but expensive.
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Answered on Jan 28th, 2018 at 1:38 PM