Can i stop my ex from getting parental responsibility?

Question

my ex is taking me to court for parental responsibility, i will let him see my sons , but i dont want to give him parental responsibility, he isnt on the birth certifactes, he wasnt even at the births, he as popped in and out of their lives for four yrs, i dont get any money to help with my sons, if i fight him on this is there a chance he will get it anyway?

Answer 1

I don't know what country you're in, laws differ. However, if he's not on the birth certificate, he's not their father, he has no rights. He could request a blood test to prove he's their father, but you have to give permission for this. So really it shouldn't be happening at all. I'm not being rude of course, but how does he know he's their father? There's only your say so - so say no!

If you don't particularly want him in their lives, just say he's not their dad - that's why he's not on the certificates. Not a lot they can do then.

Good Luck

Answer 2

As the Father he has rights. You cannot arbitrarily deny him those rights.

Answer 3

First, when you say parental responsibility, do you mean custody?  If so, is he asking for sole custody?  Also, you say he is not on the birth certificate, but you state that he is their father.  You could make it difficult on him and make him submit to paternity tests - or you can admit that on the record in court.   (Since you admit here that he is their father, you might as well admit it in court rather than putting the kids through making him prove it.)

To be brutally honest, it all depends on the judge.  I know that is not what you wanted to hear, but the judge has the ultimate power to make this decision.  If the facts as you have stated them are accurate and your attorney presents a compelling case, I would think you would have a good chance at winning.  But, unfortunately, that isn't always how it works out.  If the judge decides to rule in favor of your ex, then your ex can indeed get custody since he is, legally, if not morally, the childrens' parent.

If your ex is asking for vistation rights, then it sounds like that is something you want to give him.  If the judge awards visitation rights, he will not necessarily order child support since those are separate issues.  

If your ex is asking for shared custody of the children, then he is essentially also asking to take over shared responsibility for the children.  If the judge grants shared custody, he SHOULD (and I stress "should" because that does not mean he will) also order child support or shared payments of expenses.

Now the really bad news - if your ex is asking for sole custody, and if the judge by some odd chance granted it, your ex could then request child support from you.  

And remember - each state has different laws, and I don't know what state you are in, but these things work pretty much the same way in all of the states.  

Good Luck!

Answer 4

yes there is a small chance he will get parental responsibility. But it's more likely that he will not and will have to start paying financial aid. Just continue to be the outstanding  parent you are and judge will have no choice but to chose such a great parent.

good luck in court

Meghan

Answer 5

that really depends on the laws in your state.

I live in west virginia and am the coordinator for a supervised visitation and exchange program.  here, there is no correlation between visitation and child support.  meaning that even if your ex gives you no support for the kids, except popping in and out of their lives sporadically, they still have a right to make some (not all) of the decisions about their care.  after all...he is still their father.

more than likely, if he takes it to court, then he'll get some type of visitation with the kids (via a shared parenting plan, which should outline what responsibilitieshe will have related to the kids care), but that will also open the door for you to get some monetary support from him.  

having a court order is much better than not having one...in my opinion.

Answer 6

If he isn't on the birth certificate the judge might see this in your favor.

All you have to do is prove he's never been there for your children. If he hasn't been there, the judge won't believe he'll be able to handle children on his own.

You'll more than likely win, mothers usually do.