can my sons father that is not on the birthcertificate take me to court for visitations

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can my sons father that is not on the birthcertificate take me to court for visitations

My fathers son has never been around my baby is now 7 months and he now calls saying he want to see our son. What will be needed for this? Dna? What’s the fees? Do I pay? Since he is so small and breastfeeding can they still give him visitation days?

Asked on March 16, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are several ways to establish paternity.  One is through an affidavit of paternity.  Another is by DNA testing.  If he requests that the court order the testing then paying for it will most likely be his responsibility.  If it is established that he is the Father then he will be granted custody and visitiation.  The fact that you breast feed will be taken in to consideration some what and it really all depends on the facts.  Now, along with his right to custody and visitation comes your right to collect child support.  Remember that.  Good luck.


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