My boyfriend just threw me and my son out of his family house where we lived. Now he wants to have our son most of the week. What rights does he have now till we go to court to establish visiting rights
Under the law both parties are considered equal. However, until there is a court order there is nothing to indicate what they parenting time schedule is. I suggest that you try to work something out with him on a temporary basis after you consult with an attorney. Unless there is a danger to him having parenting time the court will likely not look favorably on him not being able to see him at all until court.
If paternity has been established, then you both have equal rights to care for your child.
If paternity has not been established, technically, the Dad has no rights, as technically, he is not legally the father. That said, since you have been living together under one roof, and it does not appear that paternity is contested, I agree with Mr. Fradkin that, absent safety issues or a clear parenting deficiency, the court might judge you harshly if you deny the father access pending a hearing. Like Mr. Fradkin, I would encourage you to work out a visitation schedule or some access to the child pending a hearing. If communication between you and father of child is strained, I would encourage you to involve a neutral third party to assist you in working out a temporary arrangement. This can be a level headed family member, the pastor/minister, etc. from your church if you are a member of a church, a counselor, or a mediator, etc.
If your boyfriend is the natural father of the child his rights are equal to yours, no more, no less. Until there is an Order entered by the court there are no specific rules regarding who should be exercising parenting time. Ultimately, what is most important is that your son's health, safety and general well-being are being protected.
If the child's father and yourself cannot get on the same page one of you should immediately be filing papers with the court, i.e. a Complaint for Custody and Support. If the situation gives rise to a true emergency there may be other options available to you.
To explore all your options you should schedule a consultation with an experienced family law attorney who can take the time to review with you ALL the relevant facts, and offer you specific advice relevant to your specific situation.
Kenneth A. White, Esq.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
This is an upsetting and unfortunate situation. Please note that the public policy of this State is for the Court to strive to award joint custody with a 50/50 parenting time split absent circumstances that do not make 50/50 parenting time possible. I hope that you are able to establish housing close to where your ex lives so that 50/50 will not be a problem.
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