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.
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.
1 user found this answer helpful
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.