Q: my son and his ex girlfriend have a 3 yr old son. its been over a year since she let him see him. does he have rights?
We pay her money to help her out every month for childcare etc....my son hasnt had a job in a while, but he should still b able to see him. Its hurting the child to not see his dad.... when he was 1 1/2 yrs old she told my son that the child may not be his. She had been sleeping with my sons best friend at the same time. The child did turn out to be my sons.. and now she is pregnant with my sons ex best friends child and she will not let my son see his child.
A: If there is has never been a court proceeding to establish or confirm paternity, he needs to file a request for that in the county where the child resides, The Judge in that case will set child support and a "parenting time" schedule which allow BOTH parents to have time with the child. If she refuses to obey the court ordered schedule, she can be held in contempt of court and punished ( Jail!). Consult an experienced family law attorney for specific advice on your situation.
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