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Child visitation with non-custodial parent, not biological father

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KimRN

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I am a 30 year old registered nurse in North Carolina. When I was 19 years of age, I was sexually assaulted, resulting in a pregnancy which, in the end, I chose to keep the child. He was the best thing that had ever happened to me, really. A blessing in disguise. Anyway, I started nursing school when he was 1 year old, graduated with my BSN in 2007. At this time, I had been dating a man for 2 years, since my son was almost 4 years old. We married in May of 2007, 2 weeks after I graduated nursing school. This man legitimated his birth by signing his birth certificate, but never adopted him legally. 5 months after signing the birth certificate, we separated. Therefore, this man has visitation rights to a child that is not even his. He and his wife are very disrespectful to myself, and the wife oversteps her boundaries with me on a regular basis. My son, who is 9 years of age now, practically begs me to not make him go over there. He says he is tired of going back and forth, that there is too much arguing that goes on over there, and that he just wants to stay with one family. We have a court date scheduled for August 15th regarding granting full custody to myself, his biological mother, due to the man never truly adopting the child, but stating that he did in the separation papers. Can he force my son to visit with him at this point? I do not feel that it should even be in question that he be made to visit with a man whom he is truly not even related to, if he chooses not to.
 


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