Q: I have kids with my ex bf we were never married. He sees the kids whenever he wants too. Can I file for child support?
My ex has threatened to take my kids away. He has a police record and was admitted to the hospital for trying to committed suicide. He lives with his parents. I'm a good mother in the medical field and I have my own place. Does he have any rights? I consider myself as the legal guardian(full custody) I told him I will like to take the kids on a family trip with my bf to Disney. He said he would call the cops because I was leaving out of state. Does he have any rights to do that? We were never married but he's on the kids birth certificate too. I will like to put him on child support but he thinks he shouldn't have to pay since the kids spend a night at his parents house on the weekends. What should I do?
A: Putting someone's name on a birth certificate only raises a rebuttable presumption that the person named is the biological parent. For a child born out of wedlock, the mother's paternity is accepted since she gave birth to the child, but the father's paternity has to be established in a court proceeding. Until then, the father has no legal rights. His paternity can be established in a child support case, but you will not be granted legal custody if all you're seeking is child support. You should file for legal custody and as part of that case ask for an award of child support. You can also ask for a defined schedule of visitation for the father so that you aren't always having to negotiate with him. You should consult with a lawyer in your area to get help with his.
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