What to do if the mother of my son does not want me to see him?

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What to do if the mother of my son does not want me to see him?

I don’t pay support because she doesn’t want it. Her bfoyfriend doesn’t want her talking to me. The child thinks that his dad is her husband. She would not let me send money for his birthday and Christmas since her boyfriend would get mad. I know she is violating my rights because I’m the biological father; I have just as much rights as she does. I’d like to know all my options. Can I get his name changed, birth certicate changed and stop her husband from seeing him? It’s a real complicated situation.

Asked on December 14, 2012 under Family Law, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

Yes, it sounds like a complicated situation and because of that it may be best for you to sit down and speak with an attorney in your area.  First you need to know that if it is established under the law that you are the biological father of the boy then you have the right to bring an action for custody and visitation.  And you have an obligation to pay support regardless of her wishes.  And once established you can petition the court to change his name.  Good luck.


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