Legal Assistance for Authority and Contact in the Event of Divorce


Questioner

I am currently 26 weeks pregnant with my ex. My ex has denied several times that he is the biological father and has also often said that he wants nothing to do with the child. He has also been found guilty of several criminal offenses. In addition, he has a drug addiction. I want to prevent him from having the opportunity to obtain authority or contact with my child after birth, until my child decides for himself that he wants contact with the father. How likely is it that this will happen and what steps should I take to prevent it?

Lawyer

Good morning, Congratulations on your pregnancy. If you were not married, the biological father is not automatically the legal father. For this, he would have to have acknowledged your child at the municipality. In my opinion, it is not possible to exclude the progenitor from authority and contact in advance. The progenitor can ask the court for substitute permission for recognition, so that he becomes the legal father. With that, he can request authority and contact. You could then put up a defense and request rejection of joint authority and rejection/denial of contact. The court assesses on the basis of the facts and circumstances whether there are compelling interests to reject recognition, authority and contact (Article 1:377a BW). For the article of the law, see http://maxius.nl/burgerlijk-wetboek-boek-1/artikel377a The points you mentioned (criminal activities, drug addiction) could qualify as serious circumstances.

Questioner

Thank you !

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