Do I legally have to remain in contact with the father of my child? 16 Answers as of October 31, 2011
My son's biological father has never had rights established through the court system and has never paid child support. For the last year he has been able to visit with our son twice a month as established by me. He has been able to contact through my work number and my mother’s home number. I blocked him from calling my cell phone due to harassing phone calls and text messages. Is this the right thing to do in the eyes of the judicial system?Free Case Evaluation by a Local Lawyer!
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Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
It is OK for you to resort to self-help to stop the father's harassment of you. You haven't stopped him from visiting his child. You might consider seeking child support either via a paternity suit or via the local child support agency.
Answer Applies to: California
Replied: 10/27/2011
Alfred Law Firm | Janice Alfred
If the child was born out of wedlock and he has not legitimated the child in Georgia, he has no rights to the child legally. You can decide morally whether you want your son to have a relationship with his father or not.
Answer Applies to: Georgia
Replied: 10/26/2011
The Law Office of Kem Eyo, LLC | Kem Eyo
Until your child's father legitimates your son, he is not legally entitled to any contact with / visitation with / custody of your son. However, there is a public policy of encouraging contact between children and parents. Therefore, the judicial system will likely look favorably upon how you are handling matters.
Answer Applies to: Georgia
Replied: 10/26/2011
Patricia C. Van Haren, Attorney at Law | Patricia Van Haren
The courts favor that a child has frequent and continuing contact with both parents. You do not want to be in a position where you have concealed the child from the other parent. If you are being harassed by the father, you may need to seek a restraining order and formal orders for visitation to the father.
Answer Applies to: California
Replied: 10/26/2011
Law Offices of Arlene D. Kock | Arlene D. Kock
You should seek restraining orders to prevent abusive contact by the father and an order that clearly defines the parenting plan.
Answer Applies to: California
Replied: 10/25/2011
William C. Gosnell, Attorney at Law | William C. Gosnell
You should make him pay child support. You should establish paternity. As long as there is some form of contact, its ok for you to block him from harassing you.
Answer Applies to: Tennessee
Replied: 10/25/2011
Coulter's Law | Coulter K. Richardson
Use the court system. You can get a restraining order and child support.
Answer Applies to: New Jersey
Replied: 10/25/2011
Beaulier Law Office | Maury Beaulier
If no parental rights have been established by a court order, there is no legal obligation to maintain contact with the father.
Answer Applies to: Minnesota
Replied: 10/25/2011
John E. Kirchner, Attorney at Law | John Kirchner
Until there is a court order determining that he is the legal father and specifically stating what his legal rights are (as well as his legal financial obligatons), the man you believe to be the bio-father has no specific rights and you are not violating anything by refusing to allow any contact. However, you must take into account the effect that no contact will have on your son because if you are shutting off a meaningfully relationship between the child and his father you will not appear to be the best mother you could be. You should start a legal paternity proceeding now to get things set in writing about who has what rights and authority.
Answer Applies to: Colorado
Replied: 10/25/2011
Vincent J. Bernabei LLC | Vincent J. Bernabei
No. Courts generally believe that a child should have the benefit of on-going contacts with both parents.
Answer Applies to: Oregon
Replied: 10/25/2011
Cody and Gonillo, LLP | Christine Gonilla
If it is in the best interests of the child then parental access is always preferable. Also, you should obtain a child support order.
Answer Applies to: Connecticut
Replied: 10/25/2011
Law Office of Cassandra Savoy | Cassandra Savoy
Yes, unless you want the child to be the sole contact with the father. I usually recommend that the parent stay in the loop.
Answer Applies to: New Jersey
Replied: 10/25/2011
Law Office Of Jody A. Miller | Jody A. Miller
You have the legal right to do what you have done.
Answer Applies to: Georgia
Replied: 10/25/2011
Law Office of Michael W. Bugni | Jay W. Neff
You talk about the father of your child. However, you don't say whether he has been established legally as the father either through the paternity declaration system or through court action. It seems to me that until that issue is squared away, the court is not going to be too interested in the fight over visitation. Also, I imagine that he is not going to be too interested in pushing the issue as he is not paying child support now. If he goes into court, likely, he is going to end up having to pay some sort of child support. I suppose that we could also ask why you're not taking the matter to court to establish a fix visitation schedule and/or establish child support.
Answer Applies to: Washington
Replied: 10/25/2011
Ashman Law Office | Glen Edward Ashman
Assuming the child was born and lives in Georgia, since you posted via a Georgia site, until and unless he legitimates the child, he has no right to see the child. I should note that since you have previously allowed contact, denial could work against you, so you need to sit down with a lawyer.
Answer Applies to: Georgia
Replied: 10/25/2011
