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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99981
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My son is 2 and his dad is just now coming around. He doesn't

Customer Question

My son is 2 and his dad is just now coming around. He doesn't come around all the time its every so often. I have messages from him saying how him and his girlfriend are always fighting and how she picked up some glass one time and tried to cut him he has even went to jail a couple time some years ago for family violence which he mentioned to me that his girlfriend cut herself and called the cops and blamed him. Anyways my sons father has even mentioned to me that he is paying to much money for my son and he don't even pay that much for the kids in his home. He has also mentioned to me his girlfriend doesn't want him talking to me because of what might happen between us so he contacts me every now and then and that's when they aren't getting along. When they are getting along he won't contact me at all and when he does contact me he doesn't really ask about our son he just tells me what he wants to do with me. Its starting to get annoying I have sole custody of Kyrie he has no visitation rights only the ones I allow I let him come down and see our son anytime he wants just not take him. I have read on the site that since were not married he can't sign over his possible rights so what can we do to have it legalized that he will have no rights to our son. He is willing to sign the papers.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
I am sorry to hear about this situation. I need to clarify, please:
1) The son's name is Kyrie? Or is this another child?
2) For the son, are there any custody orders in place? Is this for whom you have sole custody?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.
Kyrie is our sons name.. There's no custody orders in place.. & yes I have sole custody of him.
Expert:  Ely replied 1 year ago.
Thank you.
Okay, so what are you asking here? For example:
"I do not wish to give him visitation. Do I have to?"
Or, something else?
Customer: replied 1 year ago.
I'm asking of there's something we can get legalized saying I have all rights and say so to our son until he is 18. He is willing to sign it as well.. Or like get it notarized.
Customer: replied 1 year ago.
He has also mentioned getting a paper notarized saying he will pay me so and so money each month for Kyrie instead of paying me through the court iff we do it that way will he still have to pay me?
Expert:  Ely replied 1 year ago.
Sure. However, this has to go through the Court.
This is called a PETITION AFFECTING PARENT CHILD RELATIONSHIP. See here.
This can take care of both CUSTODY/VISITATION and CHILD SUPPORT. Please read over this carefully. This will have to be filed and executed in Court.
The only thing he will need to so is to sign a "Waiver of Service." Otherwise, he would not even need to show up.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.