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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Business Law
Satisfied Customers: 18387
Experience:  B.A.; M.B.A.; J.D.
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My son is 1 year old I never gave him his fathers last name

Customer Question

My son is 1 year old I never gave him his fathers last name nor put him on birth certificate he did a dna test and was proven his. my son has been in only my care I give the father rights to see him but now he is wanting more and wanting to take me to court. at one time he was on drugs he does not have a reliable car and lives with mom and dad. I do not feel safe having my son go over there at night yet. i am certified in infant cpr and first aide. if he takes me to court waht all can i use agaist him to be on my side and what will help me keep my son safe? i am only looking out for my sin and the only reason his dad is fighting me is because his parents are making him? waht can i do
Submitted: 5 years ago.
Category: Business Law
Expert:  Phillips Esq. replied 5 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Has the father actually formerly established paternity?

 

Has he filed for establishment of paternity with the Court?

Customer: replied 5 years ago.
yes court did the paternity test and he just began paying child support only 99 a month because he works under the table and i never got back child support
Expert:  Phillips Esq. replied 5 years ago.

 

Thank you for your quick response.

 

Your Question: My son is 1 year old I never gave him his fathers last name nor put him on birth certificate he did a dna test and was proven his. my son has been in only my care I give the father rights to see him but now he is wanting more and wanting to take me to court. at one time he was on drugs he does not have a reliable car and lives with mom and dad. I do not feel safe having my son go over there at night yet. i am certified in infant cpr and first aide. if he takes me to court waht all can i use agaist him to be on my side and what will help me keep my son safe? i am only looking out for my sin and the only reason his dad is fighting me is because his parents are making him? waht can i do

 

Response: In a custody/visitation case, the Court would make a decision based on what is in the best interests of the child by looking at the living arrangement of the parties to the custody/visitation dispute, their lifestyles, associations, parenting skills, etc. If the Court finds after reviewing these factors that your son would be better off having more visitation with his father, the Court would grant the father's request for generous visitation. Otherwise, the Court may grant him only limited visitation. So, it is very important that you tell the Court any and all reasons why he should be not given more visitation just like you did in your narrative here: his drug habits; his non reliable car; his living arrangement with his parents; any witnesses should be brought to the Court to testify. Remember that the Court can only make decision based on the evidence presented to the Court.

 

 

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