If My son(2) does not know his birth father and when his birth father tries to enter his life and i feel my son will not be safe

Asked 8 months ago - Chicago, IL

with his birth father and i refuse visitation cause my son does not know his birth father he knows another man as his father because that man is raising him and i take him to court for full custody can the birth father say im committing Parental alienation. i have his father on child support and his father doesn't not pay a dime of money to my son. and because i can prove the courts that he denied my son and is a not a civil and he just a vindictive person towards me ?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    5

    Lawyers agree

    Answered . The fact that child support has been ordered indicates that your son's birth father is legally his father. He has certain rights and responsibilities. If he wants parenting time, he will have to go to court to get them unless you agree. If he has not paid support and has been neglectful of your child, you might wish to marry the may who parents your child and seek adoption but that the birth father could object and make the case difficult. Nothing you have stated here indicate a safety issue for your child but without a visitation schedule, the father must go to court. Please consult with an attorney in person and discuss all your facts.

  2. Ray Choudhry

    Contributor Level 14

    2

    Lawyers agree

    Answered . If he has been ordered to pay child support, then the court found him to be the father.
    He apparently doesn't have visitation rights.
    To get visitation, he will have to request it from the court.
    At that time you can bring up all these things as to why he should have restricted visitation to begin.
    He may not do anything because when he does, you can bring him being in contempt for not paying child support.

  3. Barry Cahn Boykin

    Contributor Level 16

    1

    Lawyer agrees

    Answered . There are a number of factors here that will be important if the issue of visitation comes up. The court will want to know if the child has been "seriously endangered" How old is the child? If the birth father has never met the child this would be a good case for adoption--which would terminate the father's parental rights but also terminate his child support obligation. The birth father may even consent to the adoption. You should consult a family lawyer experienced in both types of law.

    The information provided here should not be construed to be formal legal advice. The provision of this general... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,013 answers this week

2,758 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,013 answers this week

2,758 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary