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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My sons mother and I are not married, she asked me to take

Customer Question

My sons mother and I are not married, she asked me to take care of him as she felt her home was not safe for him due to the maternal grandmother. The maternal grandmother keeps kicking her and my son out of the home and she has to stay with friends. It has been 2 months now that I have him and she sees him once a week. Now she is saying I cant get him back because I have no legal rights to him as my name is ***** ***** the certificate. We did a home DNA test but not one through the court. Everytime she gets mad at me for not wanting to get back into a relationship with her she withholds the child and reminds me I have no rights to him but yet she asked me to take custody of him since she couldnt provide stability for him. I dont want to have to go through court for this as long as we can be civil but one days shes civil and the next shes not. I want my son with me, short of getting a fancy lawyer and going through court (which I honestly can not afford) is there anything that can be done?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Daltyn,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a personal phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Let me know if you don't want a call and I will be happy continue here with an answer for you.

Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. How old is the baby?

2. Why is your name not on the birth certificate?

3. What was the result of the home DNA test?

4. Are you paying child support at present?

Thanks in advance,


Expert:  LawTalk replied 1 year ago.


I won't be able to assist you if you are not able to provide the minimal information I sought clarification on. Please get back to me with this information at your earliest convenience.


Customer: replied 1 year ago.
1. How old is the baby? 15 months2. Why is your name not on the birth certificate? He has my last name but she did not put my name as the father for unknown reasons, she just gave me his certificate last week and thats when I noticed it3. What was the result of the home DNA test? I was shown to be the father4. Are you paying child support at present? No court order for anything, I have provided him with all his necessities whenever she asks for them since he was born.
Expert:  LawTalk replied 1 year ago.


Are you agreeable to pay the additional $5 for me to call you and spend as much time as you need to understand all of your options?


Customer: replied 1 year ago.
I am not available for a phone conference at this time
Expert:  LawTalk replied 1 year ago.

Alright. That is unfortunate though.

Unfortunately, as the unmarried father of a child, you have no legal parental rights. To obtain parental rights you will have to petition the court for a Declaration of Paternity as well as for legal Custody/Visitation of your child. And you will have to undergo a court approved DNA test. There is no way around that and until you do that the mother does not legally have to allow you visitation with the baby. You will also be ordered to pay child support once the determination of paternity is confirmed by the court.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


Expert:  LawTalk replied 1 year ago.


Is there anything else I can assist you with this afternoon?


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