Legal Question in Family Law in New Jersey

Who has legal rights to my son? Me or my ex?

In August me and me ex that were living together split up. Over the last several months my ex has had my son living with him because I am currently living with my parents and cannot for other reasons.

Here's the thing. I am still legally married to another man (never married this one) and he is not at all on the birth certificate. He claims that he has claimed legally responsiblity over my son in court but there was no paternity. He was subpoenaed to court for child support because I was on social services for one month. He said that he told them that the child is living with him now. All our child's papers with school, doctor's etc., go to his address. Can I take my son out of there when I get settled for their is no paternity? I'd appreciate the help. Thanks


Asked on 12/05/06, 12:20 pm

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Who has legal rights to my son? Me or my ex?

Wow, this is one messy situation and I don't think I can provide a good answer over this BBS as there is too much going on here and not enough space to deal with it all.

I would meet with an attorney as soon as possible. Even if the person is not the biological father, he may still be considered the father if that has been the status quo for a certain amount of time. So you need to move now rather than later and deal with this.

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Answered on 12/06/06, 12:18 pm


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