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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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A judge just awarded me sole legal rights to my son(age 2 1/2),

Customer Question

A judge just awarded me sole legal rights to my son(age 2 1/2), w/ no child support and no parenting time with my ex-husband. I want to know if I would be successful with the same request for our daughter(age 5). My two children were conceived using a sperm donor...and the judge said my ex-husband is not responsible for our son, because I asked that to the courts. My ex-husband left me when I was 2 months pregnant with our son and never treated him the same as our daughter.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 7 years ago.
Your son would be harder for a multitude of reasons. First of all, he formally took on parental responsibilities as they pertain to your daughter (even if he later became different), he has more rights to the child as he is legally considered the parent. Although biologically not his, since the ex took in the daughter, she is considered formally both yours and his as legal parents.

I am sorry.


Dimitry Alexander Kaplun, Esq.
Dimitry K., Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Because my ex had already established a relationship with our daughter, it really doesn't matter if he is the biological parent or not. So, now that the judge has awarded me sole rights to our son (but left my ex's name on the birth certificate) there is a slim chance of having his rights taken away in regards XXXXX XXXXX daughter?
Expert:  Dimitry K., Esq. replied 7 years ago.
Honestly, you have a VERY slim chance of that, almost none unless he is an unfit father. I do not wish to get your hopes up but because he did establish himself in her life as a father, and he did formally put her on the birth certificate as legal parent, it will be very hard for you to remove him, since it appears that he is still active in her life.


Dimitry Alexander Kaplun, Esq.