Q: Can my ex stop me from taking our 8 year old son? We have been 50/50 for the past 7 years.
We have no paperwork nor court order for established paternity.
A:
That answer depends on whether you are the mother or the father. When a child is born outside of marriage, the only parent who has legal rights to the child is the mother. The law does that because we always know who the biological mother is, she is the person who gave birth to the child. The law presumes paternity in marriage, but outside of marriage, the courts can know for sure who is the father; and a DNA test does not establish legal rights. In order to establish a father's legal rights, you will have to go to court to establish legal paternity.
In short, if you are the mom, then your ex can't keep you from your son. However, if you are the dad, then your ex may keep your son away from you until a court says otherwise. Talk to an attorney local to you to assist you.
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