She won't let me see my son -- North Carolina

[southernpony652]

North Carolina

I have a best friend who has a 5 year old son by my sister. They got into an argument several years ago and she refuses to let him see the kid. My friend is not on the Birth Certificate and paternity has not been established. How does he need to go about getting the DNA test and his rights as a father? My sister is now married and says as long as she and her husband are living, my friend will NEVER get to see this child.

[sandyclaus]

North Carolina

I have a best friend who has a 5 year old son by my sister. They got into an argument several years ago and she refuses to let him see the kid. My friend is not on the Birth Certificate and paternity has not been established. How does he need to go about getting the DNA test and his rights as a father? My sister is now married and says as long as she and her husband are living, my friend will NEVER get to see this child.

He'll have to file a petition with the courts to seek custody and/or visitation. Part of that process will require you to submit to DNA testing to formally establish paternity. The court will consider all facts and make a decision based upon the child's best interests.

Understand that if you've never made an effort to see the child before now, the best you can hope for is short, graduated, and possibly supervised visits in order to allow the child time to get to know you first.

You should also expect that the mother will almost certainly seek a concurrent child support order against you. Plan for it.

[AFFA]

re: She won't let me see my son -- North Carolina

I wish to inform you that your friend will file a petition in court establishing paternity with child. After court has established paternity then your friend can have child custody or child visitation.

AFF