What are my son’s father’s rights if we were never married?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my son’s father’s rights if we were never married?
My son is almost 2 and his father has never seen him or tried to see him. He didnt sign the birth certificate. He does however pay child support through the court system. What are his rights? If he one day chooses to want to see our son what are my options?
Asked on August 29, 2012 under Family Law, South Carolina
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 no custody and visitation order put in to place then you are the child's legal guardian. If he is paying child support that means that parentage has been established and the next natural step would be custody and visitation. Courts try and foster the relationships between parent and child. I would not worry at this point but wait until he makes the application and seek consultation from an attorney in your area. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, if the father of your son wishes to see the child, you are not required to allow any visitation rights absent a court order if that is not your desire. If you refuse visitation for the father, then the father can file a petition with the court seeking such. If the court orders visitation for the father, you are required under the court order to allow what was ordered.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.