Q: Is there a way for me to cut contact with my child’s father? (For the better interest of my child)… I’m 18 and he’s 19
I had my baby when I was still a minor and we’re not nor ever were married. He didn’t wanna sign the birth certificate since the baby didn’t get his last name so he’s not even on his certificate. He barley sees him and doesn’t contribute towards him at all. As of now it’s just taking an emotional toll on me and once my child is old enough, it’ll effect him too. What can I do?? If he were to go to court to eventually get custody what amount could he even get? I do literally everything and this is very draining to deal with. I just want him out of our lives.
A:
Based on the limited facts provided, it appears the biological father has not legitimized his relationship with the child (i.e. the biological father has not taken the necessary legal steps to be considered the legal father). If that is the case, you would have sole legal and physical custody of the child by default and the biological father would not have any custodial rights or control over the child until he seeks to legitimize the child. However, the child would still be entitled to child support from the biological father.
If the biological father successfully legitimizes his relationship with the child through a legitimization petition with the court ( note: there are other ways the child can become legitimized), then there will likely be a custody hearing. At that hearing, the court will determine what is in the best interests of the child and therefore if you should retain sole custody, share joint custody with the biological father, completely lose custodial rights, and/or only have visitation rights. The best interests of the child test is fact intensive. Thus, if the biological father seeks custody you should hire a family law attorney to argue on your behalf.
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A: You should be seeking child support. Cutting contact isn’t likely, since you had a child with this person. If you keep your child from seeing his father that will have a negative impact on him. At this point, the father has no legal rights to the child. He only will when and if he decides to legally legitimize him. At that point, he could seek some custody.
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