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Non Parent ex boyfriend & visitation

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ds34

Guest
What is the name of your state? Pennsylvania

My fiancee was recently served papers by her ex boyfriend for a reasonably physical custody schedule with her son, who is 6 yrs old. The ex boyfriend is not the childs real father. The childs father pays child support and has the child under his health insurance. He was called by the ex boyfriends lawyer and asked to give up his parental rights, which he refused to do. My fiancee lived with her ex for 3 yrs and her son referred to the boyfriend as daddy, but not by her choice, it was a decision made by her ex. He never paid for any of the childs doctors visits, clothing and such. They also did not have a common law marriage. Neither the childs real father or mother want the child to have any contact at all with the ex boyfriend. My fiancee now lives with me and the child does not seem to have much of a desire to see my fiancee's ex..I think he's asked twice and its never been an issue. What I would like to know is if this guy has any rights at all with this child. Also, would it be possible to counter sue the boyfriend for all the costs involved in fighting this? If anyone could give me some insight into the laws regarding this type of thing I would appreciate it.
 


Grace_Adler

Senior Member
I can't believe this. Hell no he has no rights. He wouldn't even have any rights had he been married to her.

Who served the court papers? Did he go to an attorney to have this done or did he do it himself? What did he think he was going to accomplish by asking the father drop his parental rights? Adoption? He still has to have consent of the mother.

Don't worry about it. The most he could get would be visitation and that's probably highly unlikely.

As for the sueing part, I'm not sure, but I would definitely check futher into it.
 
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ds34

Guest
The papers were served by a courier I think. I met the guy at the door and thats what he seemed to be to me. The order was signed by a judge and the paperwork written up by a lawyer. It is really annoying considering she would like to put that part of her life behind her, even visitation is something neither parent of the child wants the ex boyfriend to have. I think that if he gets even a minute of visitation that its a real slap in the face to the rights of the parents.
 

CMSC

Senior Member
It could be possible the courts don't know that this person is not the father. Take all paperwork and birth father to court with you to prove ex is not dad!
 
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ds34

Guest
The birth father was served papers as well so he'll be represented by a lawyer also. The birth father lives out of state and is a police officer, so this is a real pain for him to deal with schedule wise. He is allowed to attend by phone. Tomorrow the 30th everyone has to attend a conciliation conference. I'm sure nothing will be solved there and it will go further.
 
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Lil Miss Smarty Panties

Guest
I'm sure the guy will be thrown out on his bum bum. I can't believe he found a lawyer to even take this case but maybe the lawyer was low on funds. :D
 

CMSC

Senior Member
I can understand him fighting for rights if he truly cares for the child. This child is only 6 and this man was in his life for 3 years. There is case law that involves 3rd party adoptions. Maybe the judge will throw the guy out but maybe he won't and you have to prepare for that.
 
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ds34

Guest
She stayed with the ex after the relationship was over as a roomie before she moved in with me. At that time if he had feelings for the child, he sure didnt show it all that well. He would come home from work and lock himself in his room and not allow the child in to see him even though the child was knocking over and over. He would watch the child when it was convenient for him, spending time with the child was like pulling teeth. When he did watch him he would place going out with his friends above spending time. I find it funny that all of the sudden he is the caring father figure. The childs birth parents will keep fighting to keep this guy out of their childs life for as long as it takes. I find it disturbing that it even has to go to a court battle when both birth parents are fighting over their own child with someone who was nothing more than a boyfriend.
 

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