Can my Baby's dad get any type of custody toward my son if he is a felon and has never provided for him?

Asked over 4 years ago - San Jose, CA

My baby's dad had a job for 3 months at my moms work while i was pregnant but then he got fired because he was calling in alot and going in late because he was hung over and never got a job again. my son is going to be 4 in april and he has only been around a total of 12 month. he has been in prison 3 or 4 times since my son has been born. he has never provided anything for my son. my mom helped me. he is an alcoholic and doesnt want an education. He didnt sign my son's birth certificate or gave him his last name because he already has a statatory rape case and i was 17 at the time so im the only parent on the birth certificate. is there anyway he can get any kind of custody toward him?

Attorney answers (1)

  1. Susan Patricia Grey

    Contributor Level 8

    Answered . Paternity must be established before any rights can be asserted. In a Court case you either stipulate to paternity or dispute it and take a DNA test. You seem convinced he is the childs father. Your comments do not include what level of involvement he wants. If he is demanding to take the child on visits, then the child's welfare is endangered because 1. the boy doesn't know his father,2.father is an alcoholic,3.Father is probably clueless as to the need for car seats etc.

    THe short answer to your question is yes it has happened that even father's with a criminal record and alcohol addiction have earned there way back into their children's lives. BUT they have to work for it. Therapy,supervised visitation,drug rehab,a stable home enviornment, a job, pay child support etc. in your case he has even a harder road to redemption. He raped an underaged girl and is a sex offender. I doubt that even with all the good deeds that I listed that he would get more than supervised visitation.

    You should go to Court and get an order that you have sole legal and physical custody, ask for child support and request that the Court supervise visits. Make it a Court order, if he harasses you, get a restraining order. In short take all steps necessary to protect your child.

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