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2 Bumps

Is it possible for my ex to get visitation of my son even though hes not on birth certificate and the child doesnt have his last name?

Hes also a felon and is currently in jail. The child is now almost 3 yrs old. My ex hasnt even tried to see him or talk to him.

Answer Question

Asked by Anonymous at 12:56 AM on Oct. 10, 2010 in Toddlers (1-2)

Answers (7)
  • If he gets a DNA test,,,,then maybe. If he is in jail with a felony conviction, is it against you?

    Answer by beyondhopes at 1:00 AM on Oct. 10, 2010

  • He can demand a DNA test to prove he's the father and then go to court to get visitations. It doesnt matter that he's a felon or has been in jail. Some of the worse kind of people are there still get permission from the courts to see their children.

    Answer by mommy_of_two388 at 1:01 AM on Oct. 10, 2010

  • Has paternity been established? I bet even with a record (although depending on what it is for) he may be able to have at least supervised visitation. Call a family law attorney on Monday and get some information.

    Answer by blessedwithree at 1:01 AM on Oct. 10, 2010

  • Yes it's possible.

    Answer by kimsardo at 2:25 AM on Oct. 10, 2010

  • It is possible. If he knows that baby is his, or even if he suspects it, he can demand DNA testing to establish that he is the father.. He has rights to the child until a Judge takes them away (which is NOT easy..)

    Answer by 101InfantryWife at 1:06 PM on Oct. 10, 2010

  • possible, yes. But unlikely he'll be granted more than supervised visitation.

    But yes, if he goes to court, and files a petition for a DNA test, and it's proven he is the father, he can then petition for rights to visitation. After that it's up to the judge, but as I said, it's unlikely he'll be granted more than supervised visitation.

    Now this can bring up other factors as well. Until he summits to a DNA test to prove he is the father, you can not get child support from him. And if you go after him for child support he has to summit to a DNA test to prove he is the father. He could then also file a petition to release him from his rights as a father, thus leaving you free and clear of him, but with no child support.


    Answer by xxhazeldovexx at 12:30 AM on Oct. 11, 2010

  • If he wants to see your kid, an it is his, he can.
    He can demand a DNA test to prove he is the father. It doesnt matter if he is a felon or been in jail.. If its his kid, the state wont keep him away from him.

    Answer by Mme.Langley at 2:58 PM on Oct. 15, 2010

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