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mommyto2

Junior Member
What is the name of your state? WEST VIRGINIA

My boyfriend and I were going to get married, but his lack of responsibility has changed my mind. We have a 9month old and now that we are separating I have his mother making rude comments and questioning the care I will give my son. She says she doesnt want anyone else in his life as a father figure. My ex's name isnt on the birth certificate due to a wierd WV law(I was married and separated for 2yrs and it took almost 3 for our divorce to be final). I have never (and would never) said anything about keeping our son from his father or his g'parents. Im afraid they may try something and would like to know what my rights are and be informed.
 


From what I know right now you have all the rights. If the fathers name is not listed on the BC ( is your ex husbands since you were married and by law he would automatically be considered the father?) and there has been no order from the court or DNA testing then legally the father has no rights. Now HE can petition the courts to prove DNA and set up a custody hearing. You can also do that yourself. I wouldn't worry about the grandparents for all the hype they really have no legal rights to that child in most cases. They would have to prove you AND the father unfit ( which is really hard to do and takes lot of hard proof). If I were you I would not stress. For your child sake try to get along with the grandparents as they are your childs family but dont bend to their will and let them frighten you. Good luck
 

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