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Does my son's father have any custodial rights in this situation?

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MommaMaya

Junior Member
What is the name of your state (only U.S. law)? Virginia

When my son was born, his father was to messed up to come to the birth, and thus- is NOT on the birth certificate. He cleaned up his act a little after our son was 7 or 8 months old, and moved back in with me. Eventually...he became such a leech that I asked him to leave, and then I moved to New Mexico for 9 months to help myself get over this cycle of taking him back over and over. I am now living in VA again, and I'm having issues with my son's father. When I was in NM, I filed for child support- so my son's father did sign an affidavit of paternity. He is thousands of dollars behind on child support. He is not fit- in any way- to take our son anywhere. He wants equal rights- he says. He is a gambling addict/porn addict/pot-head who has no job. His house isn't child-safe, and he drives like a maniac, although his DMV driving record is clean.

I guess the question is: If my son's father is not on his birth certificate, but signed an affidavit of paternity for child support purposes, DOES HE HAVE ANY RIGHTS TO OUR SON? I realize he has the right to file for custodial rights... but does he have ANY custodial rights now?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Virginia

When my son was born, his father was to messed up to come to the birth, and thus- is NOT on the birth certificate. He cleaned up his act a little after our son was 7 or 8 months old, and moved back in with me. Eventually...he became such a leech that I asked him to leave, and then I moved to New Mexico for 9 months to help myself get over this cycle of taking him back over and over. I am now living in VA again, and I'm having issues with my son's father. When I was in NM, I filed for child support- so my son's father did sign an affidavit of paternity. He is thousands of dollars behind on child support. He is not fit- in any way- to take our son anywhere. He wants equal rights- he says. He is a gambling addict/porn addict/pot-head who has no job. His house isn't child-safe, and he drives like a maniac, although his DMV driving record is clean.

I guess the question is: If my son's father is not on his birth certificate, but signed an affidavit of paternity for child support purposes, DOES HE HAVE ANY RIGHTS TO OUR SON? I realize he has the right to file for custodial rights... but does he have ANY custodial rights now?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
If Dad wants to exercise his rights he needs to have custody and visitation established in court. Signing the AOP doesn't guarantee either custody or visitation - these need to be established before Dad can do anything.

(I'm assuming you weren't married to Dad).
 

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