Q: Can I file for child support after 6 years with no visitation rights
My son is 6 I’ve raised him with my family. His father is 100% Absent
I have serious concerns to the point we separated when I found out I was pregnant
Mental wellness
Substance abuse
Violence
Lying about sexual abuse
I have a lot of real concerns and I feel this person isn’t mentally fit by any means to supervise a child.
I haven’t filed for child support so he doesn’t get visitation with it. What would happen if I filed and he is a complete stranger at 6 years? I am taunted and threatened by his father, and girlfriends, now wife always going back to him getting full custody and me losing him. I have worked double for 6 years. Can I file for child support and express my concerns like I always have and terminate any visits? I’m the only name on the birth certificate. No paternity test. Do messages over the years telling me they would never help or threatening to take him away from me come into this? Thank you
A:
First thing is that you would need to establish his paternity. Until then, he is, as you expressed, just a stranger to the child with no legal right whatsoever, except what you've been allowing for.
Think of it this way: if I (a complete stranger on the internet) called you and asked to take your son for the weekend, would you have to let me? NO! That is where the father stands legally today. If he wants visits, and you don't want him to, then that's how it's going to be until he files in court for paternity, and in the process explain to a judge why and where he's been for the last six years.
You can either file a motion, or let things be and wait for him to do it. After six years, I suspect he will be unwilling to file or do anything besides try to intimidate you into giving him what he wants.
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