Q: My 38 year old son, Brendan and ex-fiance have an 11 year old son together. recently they broke up in a very bad way.
No violence involved, but the mother has told so many damaging lies to family and the police, then got a temp. No Contact Injunction against my son. She is filled with so much hatred, has threatened Brendan that she would make sure he'd never see their son again and she won by making up enough damaging lies about him, me and my family
( basically that we are low life, criminals, untrustworthy etc., which we are not!) He went to court today
( Gilchrist) and the judge made the injunction permanent, he can no longer see or contact his son. He is beyond devastated, the two have/ had always had a very close and loving bond. The nail in the coffin is that Brendan has a criminal record, the mother does not. Does the father have any legal rights or recourse? He works, but neither of us have finances for a lawyer, we barely make ends meet with what we earn. PLEASE, is there anything we can do? Brendan is a good man, lives an honest life,but made some bad choices in the past.
Heidi Schwing
A:
He needs to file a paternity action in the family court to be established as the legal father of the child. Then, the family court can make appropriate findings as to timesharing and parental responsibility. Domestic violence injunctions as to a partner do not automatically cover the child unless an injunction is requested on behalf of the child. This can be managed in the family court with proper services.
Good luck.
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