The mother of my son and I are having problems. When we went to child support services they asked if I wanted a bloof test i said no cause I know hes mine. Lady asked if we would have problems. We said no. Now we are. Wont let me see my son unless her fiance is there. He is a felon and possible has domestic abuse charges. Can he take over rights to my son? They are getting married and claim as soon as they get married he is going to have my 7 year old son take his last name and appoint him guardianship of my son. Can she do that if so how can I fight it?
You should obtain a Decree of Guardianship so you have a legally enforcible right to visitation; it is NOT likely that a new husband with a felony would ever be approved for an adoption but you may want to make sure you can show that you are supporting your child, establishing and maintaining a positive relationship and avoid the risk of being accused of failing to protect your child from a felon if the felony or other factors are inappropriate to being around a child. Call an attorney!
No one should ever take action based on a response to an AVVO question since meaningful legal advice has to take into consideration factors that have NOT been disclosed or discussed.
You need an order from the court setting out your custody and visitation rights. You should get something on file right away. You should also be prepared to show that you paid support per the court order. If you maintain a positive relationship and pay your support, it is highly unlikely that her fiance will have any grounds to base an adoption on. But you need to move quickly if the situation is going downhill. A good attorney in your area will know exactly what to file for you.
Assuming from your question that there is a DHS child support order in place, you need to get at the very least a paternity case on file without delay (if you and the mother were never married) so you have set visitation rights and the issues surrounding custody are addressed.
You should interview attorneys until you find one with whom you are on the same page and you can afford, and move forward as soon as possible. Your ex's boyfriend can seek a stepparent adoption after they have been married a year, but if he is a felon that may or may not be possible, depending on circumstances. I have no idea why your ex says there would be a guardianship case done.
In any event, this is not a matter you should attempt on your own! Good luck!
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