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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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My son is 7. My child hasn't seen his biological father since

Customer Question

My son is 7. My child hasn't seen his biological father since he was 4 months old. He is not on the birth certificate doesn't pay or been ordered to pay child support. He doesn't claim my son isn't his he knows he is his. Now with that said I've married been married since my son was 15 months old and my husband and I met while I was 4 months pregnant. My child only knows my husband to be his father or as a father. Can I file for child support without having the biological father getting to all the sudden show up an confuse my child. Can I get support without him having visitation. He choose not to be his dad after all I never denied him but before told him I didn't need his money just wanted him in his life and he decided he didn't want to do that so if all the sudden now he has to pay and changes him mind on it can he do that?
Submitted: 2 years ago.
Category: Family Law
Customer: replied 2 years ago.
My son is 7 and a half years old now by the way
Customer: replied 2 years ago.
And we live in MN. I'm a stay at home mom my husband has always carried the medical and claimed him for taxes as we file married jointly
Expert:  originallawyer replied 2 years ago.
Until the bio father is on the birth certificate, he cannot be ordered to support his son. So if you pursue support, he'll have to be labeled the legal father of the child, which means his name can be added to the birth certificate. And if he's declared the legal father and ordered to support his son, he's likely going to at least have the option of beginning a relationship with his son, meaning he will be granted some sort of visitation. It might not be every other weekend, but something more like a few hours every other weekend for a while, until a better relationship is established. If he doesn't exercised it, it's not a big deal, but it will always be out there if he want it if he's named the legal father. So if you don't want him involved, it'd be better not to pursue child support, because that does open the door for him to pursue visitation should he want it.