If I’m a newly single mom who left her ex because of domestic violence, do I have to let him see kids if they don’t want to see him?

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If I’m a newly single mom who left her ex because of domestic violence, do I have to let him see kids if they don’t want to see him?

We have 3 kids together and am pregnant with fourth child. I went into domestic violence shelter when I left and am now staying with family. He calls asking to see kids and I have allowed it on a few occasions but he harassess me and is either under influence. We have not been for custody.

Asked on December 18, 2012 under Family Law, Connecticut

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

If you and your children's father were never married, then you have sole legal and physical custody. You do not have to let the father see or speak to your children at all.  In order for the father to have any visitation or custodial rights, he would first have to "legitimate" your children in the Superior Court.  Accordingly, I will assume that he has not filed a petition for legitimation.  Thus, you can (if you so desire) tell him not to call you or come to your residence or place of business.  If you feel he is stalking or harrassing you, you can obtain a TPO (Temporary Protective Order).  However, he is reqiured to pay child support.  So, you should either contact child support enforcement or retain the services of an attorney to pursue child support.  Child support is completely separate and unrelated to visitation/custody.


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