If I was never married to my son’s dad and I have physical custody, does he have any say to what happens with my son?

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If I was never married to my son’s dad and I have physical custody, does he have any say to what happens with my son?

My son’s dad has never taken me to court for visitation either, so do I have to let him see my son?

Asked on April 13, 2012 under Family Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you were never married and there has been nothing to establish paternity or legal custody on his behalf, then the decisions regarding your son are yours alone.  But remember that he can indeed go to court to establish all of the above at any time.  Good luck.


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