What are my son’s father’s rights if we were never married?

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What are my son’s father’s rights if we were never married?

My son is almost 2 and his father has never seen him or tried to see him. He didnt sign the birth certificate. He does however pay child support through the court system. What are his rights? If he one day chooses to want to see our son what are my options?

Asked on August 29, 2012 under Family Law, South Carolina

Answers:

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

Answered 8 years ago | Contributor

If you were never married and there has been no custody and visitation order put in to place then you are the child's legal guardian.  If he is paying child support that means that parentage has been established and the next natural step would be custody and visitation.  Courts try and foster the relationships between parent and child.  I would not worry at this point but wait until he makes the application and seek consultation from an attorney in your area.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if the father of your son wishes to see the child, you are not required to allow any visitation rights absent a court order if that is not your desire. If you refuse visitation for the father, then the father can file a petition with the court seeking such. If the court orders visitation for the father, you are required under the court order to allow what was ordered.


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