Potential custody battle coming...

[abrookman]

First off, I'm aware I have no legal rights as to parenting or claiming any kind of visitation, etc regarding my girlfriend's son. That said, she faces an upcoming legal battle with her son's biological father. There has been little effort on his part over the past 5 years for any kind of a relationship to the point her son now calls him by his given name and not "Dad." Not because he was encouraged to, but because that's all he's heard bio-dad refered to most of his life. Bio-dad has been consistently late with child support every month since his son's birth, rarely calls or asks to visit, has his girlfriend care for his son when his son's visiting, and takes him to his mother's house when he can't deal with him any longer. His son is to the point he doesn't know him and is scared to the point he doesn't want to go back over any longer. He lives with his mother and I and has lived with his mother since birth. His son (of his own choice) began calling me "Dad" and becomes upset when anyone talks with him when refering to me by my name.

He has recently filed for joint custody. He also stated in the summons he wants to become the legal father and does not want anyone else being called "Dad" except him. First, would going for full custody be wise or would attempting joint custody be better? Secondly, does he have any legal right to force his son to not call me "Dad" through a court order or is it just a mean spirited attempt on his part?

 

[jimmysgirl]

you are not dad and should not be called dad

. " Secondly, does he have any legal right to force his son to not call me "Dad" through a court order

yes he does. he is the child's ONLY father. mom should not be allowing this, shes setting herself up to be stripped of custody due to parental alienation. dad has every right to get a judge to order that the child not call mom;s bf, a legal stranger, dad. find another name for her son to call you besides dad, before it causes your gf a lot of problems

 

[Duranie]

Dad is certainly free to seek joint custody, it is highly unlikely he would get custody. Your girlfriend needs to determine how much time and money she wants to invest in fighting him.

He does have rights and does have a right to a relationship with his child.

I am not sure how the court is going to rule on the child calling you Dad. Bio Dad may not have any success fighting this. The child should be encouraged to call you by your name, but this is up to the parents and I do not know if a court can enforce this.