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Visitation
Jan
17
2011
My son is now 19 months, and my ex hasnt made any attempt to see him. He now put in a petition to get visitiation after not seeing him for 10 months.. He has no paternity on him, do you think they will grant this to him?
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Answer #1
Of course trying to guess what a court will do is always a long shot, especially when all the facts are not clear.
I would venture to say that if your ex is not the father of your son, it is unlikely he will be successful on his petition for visitation. However, the mere fact of his filing the petition leads me to believe that your ex must have some legal grounds for filing it.
Paternity can be established by voluntary acknowledgment or by law (depending on the jurisdiction you live in). “By law” means that under some state laws, if the child was born while you were married to your ex, the law presumes that your husband at the time is the father. This presumption in the law is (normally) meant to protect the illegitimate child from not receiving financial support from his or her father.
When you say, “He has no paternity on him,” what do you mean?
Let me know what state you’re in. I’m a California lawyer and greatly encourage you to consult with a family lawyer in your jurisdiction.