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She won't accept child support but she also won't let him see his son. Does he have legal joint custody or what is the default if they weren't married and have a child together? There have been threats toward him or anyone that tries to go get the son. Isn't he legally able to see him or how does that work?

Because they were not married, it's possible paternity would have to be established. They do not have joint legal custody unless or until a court orders this. He needs to go to the courthouse and file the proper paperwork. (There should be templates at the courthouse that the clerk can direct him toward. These forms could also be online.) He can ask the court to order child support (which would make him look REALLY good) and can request visitation. If the court orders visitation she will not be able to prevent him from having access to his son.

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  1. mekounknown Said,

    You have the same rights she does regarding visitation. If the father wants to see the child and is denied access, then he can petition the court to allow visitation rights, and can also ask for a custody hearing. The threats can be mentioned in court (and reported to the police and dealt with separately).

    The fact she refused support is irrelevant, but she may attempt to start collecting to spite the father.
    References :

  2. Artemis Gwen Said,

    Because they were not married, it's possible paternity would have to be established. They do not have joint legal custody unless or until a court orders this. He needs to go to the courthouse and file the proper paperwork. (There should be templates at the courthouse that the clerk can direct him toward. These forms could also be online.) He can ask the court to order child support (which would make him look REALLY good) and can request visitation. If the court orders visitation she will not be able to prevent him from having access to his son.
    References :

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