What are my my son’s biological father’s rights are for custody?

My son is 5 now. His father has been in and out his whole life and wanted nothing to do with us when I was pregnant. We were never married. I have been with my husband now since I was 3 months pregnant, so he is what he knows as his dad. I have sole custody and there is no court order for visitation or anything. Some issues have since been popping up since I have let my son go over there. His father lives with his parents and it seems that my son spends more time with grandma than anything. If I stop letting my son go over there and his father tries to pursue joint custody or visitation, what are his odds?

Asked on September 22, 2012 under Family Law, Minnesota


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ultimately the court makes the final decision with respect to a child visitation situation given the facts and circumstances of each case. The policies in this country is to encourage visitation between parents and their minor children.

From what you have written in the event of a petition for custody by the father, the court most likely will allow you primary custody of the child.

It is your call to end the voluntary visitation of the biological father with your son and see what transpires. He may not file a petition with the court for visitation or custody. If child support is not being paid by the father, you might wish to consider seeking such for the minor.

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